Law Containing Various Provisions Relating To The Reduction Of The Workload Within Justice (1)

Original Language Title: Loi portant diverses dispositions relatives à la réduction de la charge de travail au sein de la justice (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013009078&caller=list&article_lang=F&row_id=1300&numero=1339&pub_date=2013-03-01&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-03-01 Numac: 2013009078 SERVICE PUBLIC FÉDÉRAL JUSTICE January 14, 2013. -Law concerning various provisions relating to the reduction of the workload within justice (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1.
-Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Completion of the central register of marriage contracts art. 2 section 1391 of the civil Code, replaced by the law of July 14, 1976, is complemented by two paragraphs worded as follows: «the notary who received the marriage contract proceeded to registration prescribed by article 4, § 2, 1 °, of the law of January 13, 1977, approving the Convention on the establishment of a scheme of registration of wills, made in Basel on May 16, 1972 , and introducing a central register of marriage contracts, under penalty of a fine of twenty to one hundred euros, under penalty of dismissal and on pain of liability to creditors if it is proved that the failure is the result of collusion.
Without such registration, derogating clauses to the statutory regime cannot be opposed to third parties that have contracted with the husband in ignorance of their matrimonial agreements. ».
S. 3. article 1395 of the same Code, replaced by the law of July 18, 2008, is replaced by the following: «art.»
1395 § 1. The notary who received the marriage contract or deed amending the matrimonial regime carries out the registration prescribed under article 4, § 2, 1 °, of the law of January 13, 1977, approving the Convention on the establishment of a scheme of registration of wills, made in Basel on May 16, 1972 and introducing a central register of marriage contracts under penalty of a fine of twenty-six hundred euros EUR, under penalty of dismissal and on pain of liability to creditors if it is proved that the failure is the result of collusion.
§ 2. Conventional changes have effect between spouses from the date of the amending Act. They have effect against third parties as of the day of registration referred to in article 4, § 2, 1 °, of the law of January 13, 1977, approving the Convention on the establishment of a scheme of registration of wills, made in Basel on May 16, 1972 and introducing a central register of marriage contracts, except if, in their agreements with third parties spouses have informed them of the change.
§ 3. A foreign Act amending the matrimonial regime may, if it fulfils the conditions necessary for its recognition in Belgium, be mentioned in the margin of an Act established by a Belgian public notary and be annexed to this Act. This formality is conducted as a changing advertising and did not render it enforceable against third parties.
».
S. 4. article 1396 of the same Code, replaced by the law of July 18, 2008, is repealed.
S.
5. in article 1476, § 1, paragraph 2, of the same Code, inserted by the Act of 23 November 1998, the 6th is repealed.
S. 6. in article 1478, paragraph 4, of the same Code, inserted by the Act of 23 November 1998, the words ', and is the subject of a reference to the population register "are repealed.
S. 7. article 12 of the Commercial Code, as amended by the law of July 18, 2008, is repealed.
S. 8. article 13 of the same Code is repealed.
S. 9. article 14 of the same Code is repealed.
S. 10. article 15 of the Code is repealed.
S. 11. in article 4 of the Act of January 13, 1977, approving the Convention on the establishment of a scheme of registration of wills, made in Basel on May 16, 1972 and introducing a central register of marriage contracts, amended by the Act of May 6, 2009, the following changes are made: a) paragraph 2 is replaced by the following :
« § 2. Are included in the central register of marriage contracts: 1 ° marriage contracts and marriage contracts changed, with an indication of the regime;
2 ° the conventions referred to in article 1478 of the civil Code;
3 ° the judgments and decisions which involve amendment of the matrimonial regime or the conventions referred to in article 1478 of the civil Code. Where appropriate, the tribunal stops in the device that the judgment or the judgment falls under the application of this provision. »;
(b) article is supplemented by a paragraph 3 as follows: "§ § 3 3» The clerk of the Court which has handed down shall communicate to the central register of marriage contracts judgments or judgments referred to in § 2, 3 °.
The clerk of the Court which delivered the judgment or the judgment referred to in paragraph 1 shall communicate to the central register of marriage contracts oppositions, appeals or appeals against the said judgment or judgment.
The clerk of the Court which has handed down shall communicate to the central register of marriage contracts judicial decisions rescinding or reforming a judgment or judgment referred to in paragraph 1.
All notifications and communications provided for in this paragraph are in the manner determined by the King. ».
S. 12. in the same Act, it is inserted an article 4/1 as follows: art. 4/1. Any person may consult the central register of marriage contracts. ».
S. 13. in article 6(1) of the Act, inserted by the law of May 6, 2009, the following changes are made: 1 ° «, the conventions referred to in article 1478 of the civil Code and the judgments referred to in article 4, § 2, 3 °» are inserted between the words "relating to marriage contracts" and the words "shall be taken".
2 ° the words ', of the conventions referred to in article 1478 of the civil Code and of judgments and decisions referred to in article 4, § 2, 3 °,' shall be inserted between the words "of all marriage contracts" and the words "and the tariff of fees.
S. 14. in article 6/2, paragraph 1, of the Act, inserted by the Act of May 6, 2009, the words ', agreements referred to in article 1478 of the civil Code and of judgments and decisions referred to in article 4, § 2, 3 °,' shall be inserted between the words "of the contracts of marriage' and the word ' so '.
CHAPTER 3. -Reduction of the workload and computerization in vital art. 15. in article 38 of the civil Code, the words ", and witnesses" are repealed.
S. 16. in article 39 of the Code, the words ', by all the appearing parties and the witnesses' are replaced by the words "and the appearing parties.
S.
17. in article 42 of the Code, the following changes are made: 1 ° the first sentence is replaced by the following: "acts will be registered, on, on records.";
2 ° the last sentence is replaced by the following: "it only there will be nothing written by abbreviation. The dates will be expressed in figures. »;
3 ° article is supplemented by a paragraph worded as follows: 'The King may determine the conditions that the actions must meet.'.
S.
18. in article 44 of the same Code, the words ", after that they will be initialled by the person who will be made, and the officer of the civil State," are repealed.
S. 19. in book I, title II, chapter Ier, the same Code, it is inserted an article 44/1 as follows: «art.» 44/1. Civil status officers can give one or more officials of the local administration special authorization written all tasks related to the establishment of acts of civil status.
Received permission should be mentioned before the signature of the local administration officers. ».
S. 20. article 52 of the same Code is replaced by the following: «art.» 52. any alteration, all wrong in the acts of civil status, any registration elsewhere than in the records intended for this purpose will result in the granting of damages to the parties, without prejudice to the penalties brought to the Criminal Code. ».
S. 21. article 56, § 4, of the same Code, replaced by the law of 30 March 1984, is replaced by the following: "§ § 4 4» The civil status officer ensures the birth by a certificate of a physician or a midwife. ».
S. 22. in article 75, paragraph 1, of the same Code, as last amended by the law of April 6, 2010, the words "parents or parents," are repealed.
S.
23. in article 76 of the Code, as amended by the law of April 6, 2010, 10 ° is repealed.
S.
24. in article 77 of the same Code, amended by the Decree of the Regent of 26 June 1947, «which can only issue only after will be transported with the deceased, to ensure the death» shall be replaced by the words "which may not deliver after making sure of death by means of a certificate of death".
S. 25. article 80 of the same Code is replaced by the following: «art.» 80. in the case of death in hospitals, prisons and other public establishments, supervisors, directors, administrators and managers of these establishments will be required to give notice, within 24 hours, to the Registrar of civil status. It will also draw up the Act in accordance with articles 78 and 79. ».
S. 26. in article 80bis, paragraph 1, of the same Code, inserted by the law of 27 April 1999, the words "graduate" accredited by it are repealed.
S. 27. in article 82 of the same Code, paragraph (2) is repealed.
S. 28. article 83 of the same Code, as amended by the law of December 15, 1949, is repealed.
S. 29. sections 84 and 85 of the Code are repealed.
CHAPTER 4. -The intervention of the Justice of the peace in certain sales of real art.
30. article 598 of the Judicial Code, as last amended by the Act of May 9, 2007, is replaced by the following: «art.» 598. the Justice of the peace present:

1 ° to shares which are interested in minors, prohibitions, alleged missing persons interned by Act of April 9, 1930, of social defence against the abnormal, habitual offenders and certain sexual offenders and persons equipped with an administrator under sections 488bis, (a)) k), of the civil Code;
2 ° if it so decides, to public sale of immovable property which are interested in minors, prohibitions, alleged absent, persons interned by Act of April 9, 1930, of social defence against the abnormal, habitual offenders and certain sexual offenders and persons equipped with an administrator under sections 488bis ((, a) k), of the civil Code as well as to the public sales of immovable property depending on estates accepted under benefit of inventory of vacant successions or masses bankrupt.
It exercises the prerogatives provided for in articles 1192 and 1206. ».
S. 31. in article 1186 of the same Code, replaced by the law of April 29, 2001, paragraph 3 is replaced by the following: "is made to it in presence of such legal representatives and, where appropriate, of the subrogated guardians. ''
The sale took place, where appropriate, before the Justice of the canton of the situation of the goods. ».
S.
32. in article 1187 of the same Code, as last amended by the Act of May 9, 2007, paragraph 4 is replaced by the following: "is made to it in presence of such legal representatives and, where appropriate, of the subrogated guardians. '' The sale took place, where appropriate, before the Justice of the canton of the situation of the goods. ».
S. 33. in article 1189, paragraph 3, of the Code, the words ", where appropriate," are inserted between the words "Is made to" and the words "before the Justice of the canton of the situation of the goods.".
S. 34. in article 1190, paragraph 2, of the Code, the words ", where appropriate," are inserted between the words "Is made to" and the words "before the Justice of the canton of the situation of the goods.".
S. 35. in article 1191 of the same Code replaced by Act of April 29, 2001, the words ", where appropriate," are inserted between the words "the juge-commissaire means" and the words "at the same time Justice of the peace.
S.
36. article 1192 the same code is replaced by the following: «art.» 1192 § 1.
The conditions of sale established by the designated notary mention the date of the sale and are subject to the approval of the Justice of the peace before the beginning of the publication.
Justice of the peace shall ensure the safeguarding of the interests referred to in article 1191. Where appropriate, it may make its approval of the conditions of sale to the fixing of conditions, among which, in particular, its presence at the meeting for an award.
When the judge refuses approval, its order is subject to appeal under sections 1031-1034.
§ 2. In case of difficulty, the notary or any other interested party may apply to the Justice of the peace. Where appropriate, Justice of the peace shall postpone the sale, after hearing the legal representatives of the interested parties, the envoys in provisional possession, beneficiary Inheritors, the curators of vacant estates or curators of bankrupt masses. ».
CHAPTER 5. -The deposit of electronic acts of corporations, ASBL, foundations and international associations non-profit arts. 37. article 72 of the Code of corporations is replaced by the following: «art.» 72. on the filing of the extract of the Constitutive Act, a fee, whose amount is fixed by the King, is attributed to the person concerned.
This fee remains due, even if, ultimately, there been no constitution folder or any publication. ».
S. 38. in article 73, paragraph 2, of the Code, the words "or electronic systems" are inserted between the words "means the officials" and the words "which will receive the proceedings.
S.
39. in article 26octies, § 3, paragraph 2, of the law of June 27, 1921 on non-profit, international non-profit associations and foundations associations, inserted by the law of May 2, 2002, the words "§ 1, paragraphs 4 and 5 and §§ 2 and 3» are replaced by the words" § 1, paragraphs 3 and 4 and §§ 2 to 4.
S. 40. in section 26novies of the Act, inserted by the law of May 2, 2002 and amended by laws of January 16, 2003 and may 6, 2009, the following changes are made: 1 ° in the § 1, paragraph 3, the words "and the allowance which is charged to that effect to the association and which may not exceed the actual cost" are repealed;
2 ° in the § 2, paragraph 1, the words ", at the expense of the parties concerned," are repealed;
3 ° article is supplemented by a § 4 worded as follows: ' ' § § 4 4 During the filing of the pleadings referred to the § 1, paragraph 2, a fee, whose amount is fixed by the King, is attributed to the person concerned. This fee remains due, even if, ultimately, there been no constitution folder or any publication of extract. ».
S. 41. in article 31 of the same Act, inserted by the law of May 2, 2002 and amended by laws of January 16, 2003 and December 27, 2004, the following changes are made: 1 ° in § 4, the words ", at the expense of the parties concerned," are repealed;
2 ° § 5 is replaced by the following: "§ § 5 5.» Article 26novies, § 1, paragraphs 3 and 4 and § 4, shall apply by analogy to the affected foundations to the § 1. ».
S. 42. in article 37, § 6, paragraph 1, of the Act, inserted by the law of May 2, 2002, the word 'private' is deleted.
S. 43. in article 51 of the Act, inserted by the law of May 2, 2002 and amended by laws of January 16, 2003 and December 27, 2004, the following changes are made: 1 ° in § 3, the words ", at the expense of the parties concerned," are repealed;
2 ° § 4 is replaced by the following: "§ § 4 4» Article 26novies, § 1, paragraphs 3 and 4 and § 4, shall apply mutatis mutandis to the international non-profit associations referred to the § 1. ».
S. 44. in article 53 of the same Act, inserted by the law of May 2, 2002 and amended by the acts of 9 July 2004, 27 December 2004 and 30 December 2009 and by order royal August 25, 2012, the following changes are made: 1 ° § 7 is supplemented by a paragraph worded as follows: "the operating costs of the accounting standards Commission are supported by the international non-profit associations required to publish their accounts. annual deposit at the National Bank of Belgium, in accordance with § 8. The King sets the amount of this contribution, which can however be greater than three euro seventy two cents, amount indexed according to the same rules as those laid down for the indexation of salaries and wages of the public service. This contribution is collected by the National Bank of Belgium at the same time that charges of advertising of the annual accounts and paid by it to the Commission.
»;
2 ° article is supplemented by a § 8 worded as follows: ' ' § § 8 8
Within thirty days of their approval by the general governing body, international associations referred to in § 3 annual accounts are filed by administrators at the National Bank of Belgium.
Are filed at the same time and in accordance with paragraph 1: 1 ° a document containing the name and surname of the directors and, where applicable, the Commissioners in office;
2 ° where appropriate, the report of the Commissioners.
The King determines the terms and conditions of the filing of the documents referred to in paragraphs 1 and 2, and the amount and methods of payment of advertising costs. The deposit is accepted only if the provisions adopted in pursuance of this paragraph are complied with.
Within fifteen days following the acceptance of the filing, it shall subject a mention in a compendium prepared by the National Bank of Belgium on a medium and in the manner determined by the King. This notice is sent by the National Bank of Belgium at the registry of the commercial court where is held the record of the association mentioned in article 51, to be paid.
The National Bank of Belgium issued copy, in the form determined by the King, to those who make the request, even by correspondence, or all documents forwarded to him in application of paragraphs 1 and 2, either of the documents referred to in paragraphs 1 and 2 relating to named associations and determined years passed. The King determines the amount of the fee to the National Bank of Belgium for obtaining the copies referred to in this paragraph.
The registries of the courts get free of charge and without delay of the National Bank of Belgium copy of all the documents referred to in paragraphs 1 and 2, in the form determined by the King.
The National Bank of Belgium is empowered to establish and publish, in the manner determined by the King, global statistics and anonymous relating to all or part of the elements contained in the documents forwarded to him in accordance with paragraphs 1 and 2. ».
CHAPTER 6. -The filing of invoices by the unpaid seller article 45. in article 20, 5 °, of the mortgage law of December 16, 1851, amended by the royal decree of December 30, 1939 and the laws of 29 July 1959 and may 3, 1999, the following changes are made: 1 ° in paragraph 4, the words «;» However, it has no effect so far as, in the half of this delivery, a copy certified by the seller of the invoice, even if not accepted, or any deed evidencing the transfer is filed at the registry of the commercial court of the district in which

"the debtor has his domicile and, in the absence thereof, its residence" are repealed;
2 ° in paragraph 5, the sentences beginning with the words "The Registrar lists" and ending with the words "request.
"are repealed.
CHAPTER 7. -The central file of the notice of seizure, delegation, transfer, for collective settlement of debts and protest art. 46. the title of part v of title I, chapter 1bis, of the Judicial Code is replaced by the following: «central file of the notice of seizure, delegation, transfer, for collective settlement of debts and protest.
S. 47. the heading of part five, title I, chapter 1bis, section 1, of the Code is replaced by the following: "establishment of a central file of the notice of seizure, delegation, transfer, for collective settlement of debts and protest.
S. 48. in article 1389bis/1 of the same Code, inserted by the Act of 29 May 2000, the words "and for collective settlement of debts" are replaced by the words ', for collective settlement of debts and protest '.
S. 49. in article 1389bis/2 of the same Code, inserted by the Act of May 29, 2000, the following changes are made: 1 ° the words "article 1, § 6» are replaced by the words" article 1, § 4. "
2 ° article is supplemented by a paragraph worded as follows: 'The National Chamber monitors and communicates to the Management Committee and monitoring all possible abuses concerning the notice file.'.
S. 50. in article 1389bis/5 of the same Code, inserted by the Act of 29 May 2000, paragraph 1, second sentence, shall be supplemented by the words ", except at the National Bank of Belgium under its statutory missions, in which case it is permitted to use the number.»
S. 51. in article 1389bis/6 of the same Code, inserted by the Act of May 29, 2000, the following changes are made: 1 ° between paragraph 2 and paragraph 3, there shall be inserted a paragraph worded as follows: 'by way of derogation from paragraphs 1 and 2, the Minister of Justice sets a fee for registration of the notice referred to in article 1390quater/1, after taking the opinion of the Committee of management and monitoring and the National Chamber. The Minister of Justice provides for a fee, after having taken the opinion of the Committee of management and monitoring, the National Chamber for the communication of such data, recorded in the file of the notice, to specific categories of persons referred to in article 1391, § 2, paragraph 3. »;
2 ° article is supplemented by a paragraph worded as follows: "the Minister may diversify the levy after taking the opinion of the Committee of management and monitoring and the National Chamber.
».
S. 52. in article 1389bis/7 of the same Code, inserted by the Act of May 29, 2000 and amended by the law of March 27, 2006, 'relative to sequestrations, the way of execution and collective debt settlement' shall be replaced by the words "relating to provisional seizure, to enforcement, to the collective debts and the protest settlement".
S. 53. in article 1389bis/8 of the same Code, inserted by the Act of May 29, 2000 as amended by the Act of 27 March 2003, as amended by the Act of 27 December 2004, the following changes are made: 1 ° in the paragraph 1, the words "Department of the» are replaced by the words"fédéral public Service"and the words"and for collective settlement of debts. , are replaced by the words ", for collective settlement of debts and protest."
2 ° paragraph 2 is replaced by the following: 'the Management Oversight Committee is chaired by a judge or a magistrate or a distinguished magistrate, who can justify actual experience of at least two years with regard to seizures, designated by the Minister of Justice. The Committee is furthermore composed of a lawyer and a computer scientist representing the Minister of Justice and appointed by him, a clerk of a Court of first instance or a Court of appeal, section seized, and a clerk and a magistrate of a Court of labour, all appointed by the Minister of Justice, a member of the Commission on the protection of private life appointed by this commission a representative of the National Bank of Belgium designated by its Governor, a lawyer appointed by the Ordre des barreaux francophones and germanophone, a lawyer appointed by the Orde van Vlaamse Balies, notary designated by the National Chamber of notaries, notary designated by the Royal Federation of Belgian notaries, a bailiff appointed by the National Chamber, a bailiff of justice Secretary designated by the National Executive Committee , a federal public Service representative of Finance appointed by the Minister of finance, a mediator of debts of the french linguistic role or recognized by the competent French authority and a mediator of the Dutch linguistic role or recognized by the competent Dutch both effective for at least two years experience, appointed by the Minister of Justice, and an auditor appointed by the Board of the Institut des réviseurs d'Entreprises. »;
3 ° article is supplemented by a paragraph worded as follows: "The federal public Service Justice organizes accommodation and support in management and Oversight Committee staff.".
S. 54. in article 1389bis/9, second sentence, of the same Code, inserted by the Act of May 29, 2000, "of the Committee" shall be replaced by the words 'referred to in this article.
S. 55. in article 1389bis/10, § 1, of the same Code, inserted by the Act of May 29, 2000, the following changes are made: has) in the text Dutch 1 °, "centraal bestand" shall be replaced by the words "bestand van berichten.
(b) in 1 °, 'central file' shall be replaced by the words "notices file."
(c) subsection is supplemented by a 6 ° as follows: «6 ° to formulate an opinion regarding the Organization of the file of notices and the impact of operations on its cost, as well as on the proposed annual budget of the file of notices and annual monitoring report y related. ''
S. 56. in article 1390, § 1, of the same Code, replaced by the law of 29 May 2000 as amended by laws of March 27, 2003 and December 30, 2009, the following changes are made: has) in the paragraph 1, 2 °, the words ' the trade register number and "are repealed;
(b) a paragraph worded as follows is inserted between paragraphs 2 and 3: "by"receiver", means, in paragraph 2, recipients of direct Contributions administration, administration of VAT, registration and domains and the administration of customs and Excise, regional recipients, members of staff at Agentschap Vlaamse Belastingsdienst recipients provincial and communal. ''
S.
57. in article 1390bis, paragraph 1, of the same Code, inserted by the Act of 31 March 1987, and replaced by the Act of 29 May 2000, the words ', drawn up by the Registrar or the bailiff, as the case may be,' are replaced by 'established, depending on the case, by the Registrar, the bailiff or officer which is application of article 15 of the law of 21 February 2003 creating a maintenance claims within the FPS Service. Finance ".
S. 58. in article 1390ter, paragraph 1, of the same Code, inserted by the law of 14 January 1993 and replaced by the law of 29 May 2000 as amended by the law of December 30, 2009, 2 ° is replaced by the following: "2 ° the names, first names, date of birth and home, or name, legal form, registered office and number of the transferor company;".
S. 59. in article 1390quater, § 2, paragraph 1, of the same Code, inserted by the Act of 31 March 1987, renumbered by Act of January 14, 1993 and replaced by the Act of May 29, 2000, the following changes are made: a) the introductory sentence is replaced by the following: "the mediator of debts the notice file, address within three working days of the dates mentioned below." ", the following entries: ';
(b) the 2 ° is supplemented by the words "and replacing the identity of the mediator of debts within the meaning of § 1, 2 ° ';
(c) paragraph is complemented by a 5 ° as follows: "5 ° in the case of total remission of debts, the date of the decision and the date of revocation thereof.
».
S. 60. in part five, title I, chapter Ierbis, section III, of the same Code, it is inserted an article 1390quater/1 as follows: «art.»
1390quater/1. Within three working days of the establishment of the Act of protest, the bailiff undersigned address, under its responsibility, to file the notice, a notice of protest mentioning: 1 ° the location, date and nature of the protest.
2 ° the type of effect to which the Act of protest relates;
3 ° the name and first names, legal form or particular designation of the beneficiary of the ticket order or Bill of Exchange, as well as his home shooter or whether a trader, its principal place of business or, if it is a corporation, its head office and its business number;
4 ° the name and first names, legal form or particular designation for the Subscriber of the ticket order or the drawee of the Bill of Exchange, as well as its acceptance or not by it, his home or, whether a merchant, its principal place of business or, if it is a corporation, its head office and its business number;
5 ° the date of expiry;
6 ° the amount of effect and, if it is different, the amount for which the effect is protested;
7 ° the reason for refusal which gives rise to the protest.
8 ° the identity of the bailiff undersigned;
9 ° the name of the applicant. ».

S. 61. article 1390quinquies of the Code, inserted by the law of July 5, 1998 and replaced by the Act of May 29, 2000, is replaced by the following: «art.» 1390quinquies. no delivery or distribution of the seized funds, cash or attached, or from the sale of movable or immovable property seized, can take place only in accordance with articles 1627 in 1654.
When the distribution has become final, the bailiff or the notary who drew up the minutes contribution distribution or order transmits this information to the file the notice, according to the rules laid down by the King. ».
S. 62. in article 1390septies of the Code inserted by the Act of May 29, 2000 as amended by the law of March 27, 2003, the following changes are made: has) paragraph 2 is replaced by two paragraphs worded as follows: ' when the seizure or the opposition is practiced in charge of companies or individuals who have a business number, structured information in the opinion y related is addressed. under the terms and parameters determined by the King, by the file advice, no later than the first day following their receipt at the registry of the commercial court of the district where they are registered.
When notices are sent in accordance with article 1390quater, the file of notices the address, as well as Corrections and amendments, to the National Bank of Belgium and the Gambling Commission, no later than within 24 hours of the order of eligibility or the words on the notice. Anyone having accessed the file of notices on behalf of an individual is, where appropriate, notified by file notices of the new information above regarding the latter, according to the rules laid down by the King. »;
(b) in paragraph 3, which becomes paragraph 4, the words ' without prejudice, is it should, the radiation ' shall be replaced by the words "except in the case of radiation."
(c) in paragraph 5, which becomes paragraph 6, 'by way of derogation from paragraph 3' shall be replaced by the words 'by way of derogation from paragraph 4', and article is supplemented by the words 'the decision of total remission of debts or revocation thereof.';
(d) the following paragraphs are inserted between paragraphs 5 and 6, which become subparagraphs 6 and 9: "by way of derogation from paragraph 4, the notice referred to in article 1390quater/1 is kept in the file of the notice until full payment or until the extinction of the debt negotiable instrument for another reason. In both cases, the bailiff undersigned shall cancel notice within three working days of the receipt of full payment or a finding of extinguishment.
For this purpose, he included the following in the notice of protest concerned: 1 ° the date of payment or the extinction of the debt negotiable instrument;
«2 ° the amount of the payment or the reason for extinction other than by payment ";
(e) in paragraph 6, which becomes paragraph 9, the words "and collective debt settlement" are replaced by the words ", collective debt settlement and protest.
S. 63 section 1391 of the same Code, amended by the law of 29 May 2000 as amended by laws of 13 December 2005 and 30 December 2009 and amended by the Act of May 31, 2001, the following changes are made: 1 ° the § 1 is replaced by the following: "§ 1.» Lawyers, the intervention of the order of French-speaking and German-speaking bars and the Orde van Vlaamse Balies, bailiffs and recipients of direct Contributions administration, administration of VAT, registration and domains and the administration of customs and Excise, regional recipients, members of staff at Agentschap Vlaamse Belastingsdienst and recipients provincial and communal loaded to expedite recovery at the bottom or by way of seizure against a determined person can read provided advice in articles 1390 to 1390quater established on behalf of.
The notaries in the intervention of the Royal Federation of Belgian notaries are allowed to refer to notices referred to in articles 1390 to 1390quater established on behalf of persons whose assets shall be the object of an act under their Ministry.
Debt mediators may take knowledge, for the fulfilment of their statutory tasks, notices referred to in articles 1390 to 1390quater established on behalf of the debtor requesting and people who share a community or a joint ownership with him. The consultation takes place for lawyers, bailiffs and notaries, according to the rules laid down in paragraphs 1 and 2, and for the other mediators of debts, the intervention of the National Chamber.
All magistrates, clerks and judges consular and social can refer for the performance of their statutory tasks, notices referred to in articles 1390 1390quater/1 established on behalf of one or more of the parties concerned.
The presidents and registrars of the commercial courts may consult the file of notices for the fulfilment of their statutory tasks, by means of a general or global research and according to the modalities and parameters determined by the King. »;
2 ° § 2 is supplemented by a paragraph worded as follows: "the notices referred to in article 1390quater/1 are electronic and accessible to anyone in the manner laid down by the King. The King may also allow specific categories of persons, which he defines, consult the above notices on such conditions as he determines. »;
3 ° the introductory sentence of § 5 is replaced by the following: "§ § 5 5.» "Any request from the notices referred to in articles 1390quater 1390 is admissible only if it mentions:
S. 64. in article 1514 of the same Code, replaced by the law of 29 May 2000 as amended by the law of March 27, 2003, the following changes are made: 1 ° 1st paragraph is supplemented by the following sentence: 'Are also mentioned in the feat, the other striking who also practiced a seizure on these objects, including all the relevant data for the convocation referred to in paragraph 3.';
2 ° in paragraph 3, the words "referred to in the quote" are inserted between the words "any other striking" and the words "for the cause";
3 ° paragraph 3 is supplemented by the following sentences: "people convened in this way by judicial fold becoming parties to the case, unless they are opposed to the hearing.". The clerk also notify the parties in the legal fold. ».
S. 65. in article 1524, paragraph 6, of the same Code, replaced by the law of March 27, 2003, «a notice of seizure made common» shall be replaced by the words "a notice of seizure made common.
S. 66. in article 1675/14, § 3, of the same Code, replaced by the Act of 29 May 2000, 'without delay' shall be replaced by the words "within three days".
S.
67. article 9 of the Act of January 31, 2009 on the continuity of enterprises is replaced by the following: «art.» 9. without prejudice to article 1389bis/16 of the Judicial Code, the protest notices referred to in article 1390quater/1 of the same Code are available at the registry of the Court of the domicile of the debtor, or, if he is a merchant, the principal place of business of the debtor, or, if it is a legal person, the seat of the debtor to a bill of Exchange or a promissory note. ».
CHAPTER 8. -Changes of Code's registration fees, mortgage and registry in which concerns the protests covered by the Act of 3 June 1997 on protests s. 68. in article 19, 1 °, of the Code of rights registration, mortgage and registry, replaced by the law of July 12, 1960 and amended by the Act of 5 July 1963, the words ', with the exception of protests covered by the Act of 3 June 1997 on protests' shall be inserted between the words "bailiffs" and the words ";
the judgments.
S. 69. in article 26 of the same Code, replaced by the law of July 12, 1960 and amended by the Act of 5 July 1963, paragraph (3) is repealed.
S. 70. in article 32 of the same Code, the following changes are made: a) in 2 °, amended by the acts of July 5, 1963 and June 10, 1997, the words "other than the protests" are repealed;
(b) the 8 °, replaced by the Act of June 10, 1997, is repealed.
S. 71. in article 35, paragraph 1, of the Code, the following changes are made: has) in 1 °, amended by the acts of July 5, 1963 and June 10, 1997, the words "other than the protests" are repealed;
(b) the 2 °, restored by Act of 10 June 1997, is repealed.
S. 72. in article 39 of the Code, the following changes are made: has) in 1 °, amended by the acts of July 5, 1963 and June 10, 1997, the words "other than the protests" are repealed;
(b) 1 ° bis, inserted by the Act of June 10, 1997, is repealed. ».
S. 73. article 157 of the same Code, replaced by the Act of 10 June 1997 and amended by the royal decree of 20 July 2000 amended by the royal decree of July 13, 2001, is repealed.
CHAPTER 9. -Lifting of the obligation to send a letter when the meaning of a bailiff s. feat 74. in article 38, § 1, paragraph 3, of the Judicial Code, replaced by the law of April 6, 2010, the words ', under registered to post "are repealed.
CHAPTER 10. -Reduction of certain obligations imposed by the Judicial Code articles 75. section 1231-4 of the Code, inserted by the Act of 24 April 2003 and amended by the law of December 6, 2005, the current text of which will form the § 1, is complemented by articles 2, 3 and 4 worded as follows: ' ' § § 2 2 So far

that the respective parties concerned are registered at the date of the request, to the national register of natural persons, established by the Act of 8 August 1983 organising a national register of natural persons, they are exempt from providing: 1 ° a certified copy of the birth certificate, or an equivalent document provided that it's one act of a person born in Belgium;
2 ° a proof of nationality;
3 ° a certificate of residence of the adoptive parent or the adoptive parents and the adopted child.
The data contained in the national registry referred to the 2 ° and 3 ° are prima facie evidence to the contrary. The registry of the Court in this case control data using the national register and pay preview of it on the record.
The registry of the tribunal asks itself a copy of the certificate referred to in 1 ° to the depositary of the registry.
The same applies when the Act has been transcribed in Belgium and the registry knows the place of his transcription.
§
3. The provisions of § 2 shall not apply to persons who are entered in the register of waiting.
§ 4. If the particulars of the application are incomplete, or the registry failed to collect timely reports for the hearing of introduction, the judge invited the most diligent party to communicate the required information or to supplement the record of the proceedings.
Also, each party may itself take the initiative to create the folder. ».
S. 76. article 1231-28 of the same Code, inserted by the Act of 24 April 2003 and replaced by the law of December 6, 2005, the current text of which will form the § 1, is complemented by articles 2, 3 and 4 worded as follows: ' ' § § 2 2 Provided that the respective parties concerned are registered at the date of the request, to the national register of natural persons, created by the Act of 8 August 1983 organising a national register of natural persons, they are exempt from providing: 1 ° a certified copy of the birth certificate, or an equivalent document, insofar as it is an act of a person born in Belgium;
2 ° a proof of nationality;
3 ° a certificate of residence of the adoptive parent or the adoptive parents and the adopted child.
4 ° one extract from the marriage certificate;
5 ° an excerpt from statement of legal cohabitation;
6 ° proof of cohabitation over for three years.
The data contained in the national registry referred to in the 2 °, 3 °, 5 ° and 6 ° are prima facie evidence to the contrary. The registry of the Court in this case control data using the national register and pay preview of it on the record.
The registry of the tribunal asks itself a copy of the Act referred to in 1 ° and 4 ° to the depositary of the registry.
The same applies when the Act has been transcribed in Belgium and the registry knows the place of his transcription.

§ 3. The provisions of § 2 shall not apply to persons who are entered in the register of waiting.
§ 4. If the particulars of the application are incomplete, or the registry failed to collect timely reports for the hearing of introduction, the judge invited the most diligent party to communicate the required information or to supplement the record of the proceedings. Also, each party may itself take the initiative to create the folder. ».
S.
77. article 1288bis of the same Code, inserted by the law of 30 June 1994 and amended by the law of 20 May 1997 and 27 April 2007, the current text of which will form the § 1, is complemented by articles 2, 3 and 4 worded as follows: ' ' § § 2 2 Provided that the respective parties concerned are registered at the date of the originating document, in the national register of natural persons, created by the Act of 8 August 1983 organising a national register of natural persons, they are exempt from providing: 1 ° an extract from the birth certificates of the spouses, provided that they were born in Belgium.
2 ° one extracted birth certificates of the children referred to in section 1254, § 1, paragraph 4, provided that they were born in Belgium.
3 ° an extract from the Marriage Act, provided that the marriage took place in Belgium;
4 ° proof of nationality of each of the spouses.
The data contained in the national register are prima facie evidence to the contrary. The registry of the Court in this case control data using the national register and pay preview of it on the record.
The registry of the tribunal asks itself a copy of the Act referred to in 1 °, 2 ° and 3 ° to the depositary of the registry.
The same applies when the Act has been transcribed in Belgium and the registry knows the place of his transcription.

§ 3. The provisions of § 2 shall not apply to persons who are entered in the register of waiting.
§ 4. If the particulars of the application are incomplete, or the registry failed to collect timely reports for the hearing of introduction, the judge invited the most diligent party to communicate the required information or to supplement the record of the proceedings. Also, each party may itself take the initiative to create the folder. ».
CHAPTER 11. -The reorganisation of the registries of the courts of work article "" 78. in article 1675/2, paragraph 3, of the same Code, inserted by the law of July 5, 1998, the following changes are made: 1 ° "the amicable or judicial settlement plan has been revoked" shall be replaced by the words "settlement amicable or legal procedure has been revoked";
2 ° the words 'paragraph 1, 1 ° and 3 ° to 5 °,' are hereby repealed.
S. 79. in article 1675/8 of the same Code inserted by the law of July 5, 1998 and last amended by the law of April 6, 2010, 1st paragraph is replaced by the following: "the debtor and third parties deliver to Ombudsman of debts of a procedure for amicable settlement or judicial, at his request, all necessary information on operations carried out by the debtor and on the composition and location of the heritage of this. The debtor or the third party may, by simple written statement filed or shipped to the registry, to oppose the request to judge the procedure for collective settlement of debts. ».
S. 80. in article 1675/9, § 1, 2 °, of the same Code, inserted by the law of July 5, 1998 and amended by the Act of 29 May 2000, the words "copy of the query," are repealed.
S. 81. in article 1675/10, § 4, paragraphs 1 and 2, of the same Code, inserted by the law of July 5, 1998 and amended by the law of December 13, 2005, the words "with proof of receipt" are repealed each time.
S. 82 ÷ article 1675/15 of the same Code, inserted by the law of July 5, 1998 and amended by the law of 13 December 2005 and 6 April 2010, the following changes are made: 1 ° it is inserted a § 1/1 as follows: "§ 1/1." The end of the amicable or judicial settlement plan may be imposed by the judge before whom the cause is reduced at the request of the debtor by a simple written statement filed or sent to the registry. »;
2 ° it is inserted § 2/1 as follows: § 2/1. Revocation pursuant to the § 1 or in the case where there is an end to the collective settlement of debts in accordance with the § 1/1, the judge decides at the same time sharing and the destination of the funds available on the account of the mediation. »;
3 ° to § 3, the words "or in the case where there is an end to the collective settlement of debts" are inserted between the words "revocation" and ', creditors ';
4 ° in § 3 the words "and without prejudice to § 2/1" shall be inserted between the word "revocation" and the words "creditors".
S. 83 ÷ article 1675/16 of the same Code, inserted by the law of July 5, 1998 and replaced by the law of April 6, 2010, the following changes are made: 1 ° in the § 1, the words "and the decisions referred to in article 1675/19, § 3," are inserted between the word "debts" and the word "are";
2 ° it is inserted § 2/1 as follows: § 2/1. The replacement decision referred to in article 1675/17, § 4, shall be notified by the Ombudsman of debts replacing, by registered mail, creditors and debtors of income. »;
3 ° § 3 is supplemented by the following sentence: 'the decision of replacement referred to in article 1675/17, § 4, is notified to debt mediator replaced, the Ombudsman of replacing debt and the debtor.'.
S.
84. in article 1675/17, § 4, of the same Code, inserted by the law of July 5, 1998, the word "is" is replaced by the words "may be".
CHAPTER 12. -Entry into force art. 85. this Act comes into force on September 1, 2013.
The King may set a date of entry into force earlier than referred to in paragraph 1 for each of its provisions and each portion thereof.
By way of derogation from paragraphs 1 and 2, articles 2 to 14 and 23 come into force on a date to be set by the King, and no later than September 1, 2015.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on January 14, 2013.
ALBERT by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Session 2011-2012.
House of representatives Documents. -53 - 1804 - 2011/2012.
No. 1: Proposal of Act, Ms. Becq, Messrs. Verherstraeten, Terwingen and Van Hecke, Ms. Boulet and Valenzuela and Mr. Brotcorne.
No. 2: Addendum.
No. 3-9: amendments.
No. 10: Opinion of the Commission on the protection of privacy.
No. 11: Erratum.
No. 12 to 14: amendments.
Session 2012-2013.
House of representatives Documents. -53 - 1804 - 2012/2013.
No. 15: amendments.
No. 16: report.
No. 17: Text adopted by the commission.
No. 18: The text adopted in plenary meeting and transmitted to the Senate.
Account

made full: 6 December 2012.
Senate Document. -5 - 1878 - 2012/2013.
No. 1: Project not referred by the Senate.