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

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belgiquelex.be - Carrefour Bank of Legislation

23 MAI 2013. - An Act to amend section 2244 of the Civil Code to assign a switching effect of the limitation to the letter of detention of a lawyer, judicial officer or a person who may be tried under section 728, § 3, of the Judicial Code (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. Article 2244 of the Civil Code, as amended by the law of 25 July 2008, the current text of which will form § 1er, is supplemented by § 2 written as follows:
“§2. Without prejudice to Article 1146, the detention shall be sent by the lawyer of the creditor, by the judicial officer designated for that purpose by the creditor or by the person who may be tried on behalf of the creditor under Article 728, § 3, of the Judicial Code, by registered consignment with acknowledgement of receipt, to the debtor whose domicile, place of residence or head office is located in Belgium also interrupts the original statute of limitation and makes it The limitation may only be interrupted once by such a stipulation, without prejudice to other modes of interruption of the prescription.
If the statutory limitation period is less than one year, the duration of the extension is identical to that of the limitation period.
The interruption of the prescription occurs at the time of the sending of the stay by registered mail with acknowledgement of receipt. The creditor's lawyer, the judicial officer designated for that purpose by the creditor or the person who may be tried on behalf of the creditor under Article 728, § 3, of the Judicial Code shall ensure the exact coordinates of the debtor by an administrative document dating less than a month. In the event of a known residence different from the domicile, the creditor's lawyer, the judicial officer designated for that purpose by the creditor or the person who may be brought to justice on behalf of the creditor under Article 728, § 3, of the Judicial Code shall ensure a copy of his or her recommended consignment to that residence.
To interrupt the prescription, the restraining must contain in a complete and explicit manner the following:
1° the creditor's contact information: if it is a natural person, the name, first name and address of the domicile or, where applicable, residence or domicile elected in accordance with sections 36 and 39 of the Judicial Code; if it is a legal person, the legal form, the social reason and the address of the head office or, where applicable, the administrative seat in accordance with section 35 of the Judicial Code;
2° the contact information of the debtor: if it is a natural person, the name, first name and address of the domicile or, where applicable, residence or domicile elected in accordance with sections 36 and 39 of the Judicial Code; if it is a legal person, the legal form, the social reason and the address of the head office or, where applicable, the administrative seat in accordance with section 35 of the Judicial Code;
3° the description of the obligation that gave rise to the debt;
4° if the debt relates to a sum of money, the justification for all amounts claimed to the debtor, including damages and late interest;
5° the period in which the debtor can discharge its obligation before additional recovery measures can be taken;
6° the possibility of acting in court to implement other recovery measures in the event of the debtor's failure to react within the specified time limit;
7° the switching character of the prescription caused by this stay;
8° the signature of the creditor's lawyer, the judicial officer designated for that purpose by the creditor or the person who may be in court on behalf of the creditor under Article 728, § 3, of the Judicial Code. "
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 23 May 2013.
ALBERT
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Extraordinary session 2010.
Senate.
Documents. - Proposal by Mrs. Defraigne, 5-145 - No. 1.
Session 2010-2011.
Senate.
Documents. - Amendments, 5-145 - No. 2. - Opinion of the State Council, 5-145 - No. 3.
Session 2011-2012.
Senate.
Documents. - Amendments, 5-145 - No. 4 and 5. - Report, 5-145 - No. 6. - Text adopted by the Commission, 5-145 - No. 7. - Text adopted in plenary and transmitted to the House of Representatives, 5-145 - No. 8.
Annales of the Senate. - 19 July 2012.
House of Representatives.
Documents. - Project 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 referred to the Senate, 53-2386/005.
Full report. - 17 January 2013.
Session 2012-2013.
Senate.
Documents. - Project amended by the House of Representatives and referred 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 referred to the House of Representatives, 5-145 - No. 13.
Annales 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 and subject to Royal Assent, 53-2386/011.
Full report. - 8 May 2013.