An Act To Amend Article 2244 Of The Civil Code To Assign An Interruptive Effect Of Prescription To The Letter Of Formal Notice Of Counsel, The Bailiff Or Person May Sue Under Section 728, § 3, Judi Code

Original Language Title: Loi modifiant l'article 2244 du Code civil pour attribuer un effet interruptif de la prescription à la lettre de mise en demeure de l'avocat, de l'huissier de justice ou de la personne pouvant ester en justice en vertu de l'article 728, § 3, du Code judi

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013009287&caller=list&article_lang=F&row_id=1200&numero=1227&pub_date=2013-07-01&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-07-01 Numac: 2013009287 SERVICE PUBLIC FÉDÉRAL JUSTICE 23 May 2013. -Act to amend article 2244 of the civil Code to assign an interruptive effect of prescription to the letter of formal notice counsel, the bailiff or the person who may sue under section 728, § 3, of the Judicial Code (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. article 2244 of the civil Code, as amended by the law of July 25, 2008, the current text of which will form the § 1 is added to § 2 worded as follows: ' ' § § 2 2 Without prejudice to article 1146, implementation remains sent by counsel for the creditor, by the bailiff designated for this purpose by the creditor or the person who can litigate on behalf of the creditor under section 728, § 3, of the Judicial Code, by sending recommended with acknowledgement of receipt, to the debtor whose domicile, place of residence or registered office is located in Belgium suspends also the prescription and made a new period one year, without however that the requirement might be acquired before the end of the initial period of limitation. The limitation period cannot be interrupted that once such remains, without prejudice to other means of interrupting the prescription.
If the statutory limitation period is less than one year, the period of extension is identical to that of the limitation period.
The interruption of the prescription comes at the time of the formal notice by sending recommended with acknowledgement of receipt. Counsel for the creditor, the bailiff appointed for this purpose by the creditor or the person who can litigate on behalf of the creditor under section 728, § 3, of the Judicial Code ensures the exact coordinates of the debtor by an administrative document dating from less than a month. If different from the home, counsel for the creditor known residence, the bailiff appointed for this purpose by the creditor or the person who can litigate on behalf of the creditor under section 728, § 3, of the Judicial Code ensures address a copy of his sending recommended to the said residence.
To interrupt the prescription, the formal notice must contain a complete and explicit the following: 1 ° the contact details of the creditor: if he is a natural person, the name, the first name and the home address or, where appropriate, of the residence or domicile elected in accordance with articles 36 and 39 of the Judicial Code; If it is a legal person, the legal form, the name and address of the registered office or, where appropriate, the administrative headquarters in accordance with article 35 of the Judicial Code;
2 ° the coordinates of the debtor: if he is a natural person, the name, the first name and the home address or, where appropriate, of the residence or domicile elected in accordance with articles 36 and 39 of the Judicial Code; If it is a legal person, the legal form, the name and address of the registered office or, where appropriate, the administrative headquarters in accordance with article 35 of the Judicial Code;
3 ° the description of the obligation which gave rise to the claim;
4 ° If the claim is for a sum of money, the justification for all the amounts claimed for the debtor, including damages and interest.
5 ° the period in which the debtor may discharge its obligation before additional recovery measures can be taken;
6 ° the possibility to take legal action to implement other measures of recovery in the event of failure of the debtor within the time limit;
7 ° the interrupting nature of prescription caused by this update remains;
8 ° the signature of counsel for the creditor, the bailiff designated for this purpose by the creditor or the person who can litigate on behalf of the creditor under section 728, § 3, of the Judicial Code. ».
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, 23 May 2013.
ALBERT by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Note (1) Session extraorinaire 2010.
Senate.
Documents.
-Law proposition of Mrs Defraigne, 5-145-No. 1.
Session 2010-2011.
Senate.
Documents.
-Amendments 5-145 - No. 2. -Opinion of the Council of State, 5-145 - No. 3.
Session 2011-2012.
Senate.
Documents.
-Amendments, 5-145 - N ° 4 and 5. -Report, 5-145 - No. 6. -Text adopted by the Commission, 5-145-No. 7. -Text adopted in plenary meeting and transmitted to the House of representatives, 5-145 - No. 8.
Annals of the Senate. -19 July 2012.
House of representatives.
Documents. -Draft transmitted by the Senate, 53-2386/001. -Amendments 53-2386/002. -Report, 53-2386/003. -Text adopted by the commission, 53-2386/004. -Text amended by the House of representatives and sent to the Senate, 53-2386/005.
Compte rendu intégral. -17 January 2013.
Session 2012-2013.
Senate.
Documents. – Draft amended by the House of representatives and sent to the Senate, 5-145 - No. 9. -Amendments 5-145 - No. 10. -Report, 5-145 - No. 11. -Text amended by the commission, 5-145-No. 12. -Text amended by the Senate and returned to the House of representatives, 5-145 - No. 13.
Annals of the Senate. -31 January 2013.
House of representatives.
Documents. – Draft amended by the Senate, 53-2386/006. -Amendments, 53-2386/007 and 008. -Report, 53-2386/009. -Text adopted by the commission, 53-2386/010. -Text adopted in plenary meeting and submitted to the Royal assent, 53-2386/011.
Compte rendu intégral. -May 8, 2013.