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)

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belgiquelex.be - Carrefour Bank of Legislation

14 JANVIER 2013. - Act respecting various provisions relating to the reduction of workload within the justice system (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. 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 Act of 14 July 1976, is supplemented by two paragraphs written as follows:
"The notary who received the marriage contract proceeds to the registration prescribed by Article 4, § 2, 1°, of the Act of January 13, 1977 approving the Convention relating to the establishment of a system 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 euros to one hundred euros, under penalty of dismissal and
In the absence of such registration, the derogatory clauses to the legal regime cannot be opposed to third parties who have contracted with these spouses in the ignorance of their matrimonial agreements. "
Art. 3. Section 1395 of the Code, replaced by the Act of 18 July 2008, is replaced by the following:
"Art. 1395. § 1er. The notary who received the contract of marriage or the act amending the matrimonial regime proceeds to the registration prescribed by Article 4, § 2, 1°, of the Act of January 13, 1977 approving the Convention relating to the establishment of a system 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 euros to one hundred euros,
§ 2. Conventional amendments have effect between spouses on the date of the amendment. They have effect on third parties only on the day of the registration referred to in Article 4, § 2, 1°, of the Act of 13 January 1977 approving the Convention on the Establishment of a Registration System for Wills, made in Basel on 16 May 1972 and introducing a Central Register of Marriage Contracts, unless, in their agreements concluded with third parties, the spouses informed them of the amendment.
§ 3. A foreign act amending the matrimonial regime may, if it meets the requirements for its recognition in Belgium, be mentioned on the margins of an act established by a Belgian notary and be attached to that act. This formality is effected as an advertisement of the amendment and does not make it effective against third parties. "
Art. 4. Section 1396 of the same Code, replaced by the Act of 18 July 2008, is repealed.
Art. 5. In Article 1476, § 1erParagraph 2, of the same Code, inserted by the law of 23 November 1998, is repealed.
Art. 6. In section 1478, paragraph 4, of the same Code, inserted by the law of November 23, 1998, the words ", and are referred to in the register of the population" are repealed.
Art. 7. Section 12 of the Commercial Code, as amended by the Act of 18 July 2008, is repealed.
Art. 8. Section 13 of the same Code is repealed.
Art. 9. Section 14 of the same Code is repealed.
Art. 10. Section 15 of the same Code is repealed.
Art. 11. In Article 4 of the Act of 13 January 1977 approving the Convention on the Establishment of a Will Registration System, made in Basel on 16 May 1972 and introducing a Central Register of Marriage Contracts, amended by the Act of 6 May 2009, the following amendments are made:
(a) § 2 is replaced by the following:
Ҥ2. Resumed in the Central Register of Marriage Contracts:
1° amended marriage contracts and marriage contracts, with an indication of the plan;
2° the conventions referred to in article 1478 of the Civil Code;
3° the judgments and judgments which imply a modification of the matrimonial regime or of the conventions referred to in article 1478 of the Civil Code. Where applicable, the court shall determine in the device that the judgment or judgment falls under the application of this provision. »;
(b) the article is supplemented by a § 3 written as follows:
“§3. The clerk of the court who pronounced them shall communicate to the central register of marriage contracts the judgments or judgments referred to in § 2, 3°.
The Registrar of the Jurisdiction who pronounced the judgment or order referred to in paragraph 1er communicates to the Central Register of Marriage Contracts oppositions, appeals or appeals against the said judgment or judgment.
The Registrar of the Jurisdiction who pronounced them shall forward to the Central Register of Marriage Contracts any judicial decisions that annul or reform a judgment or judgment referred to in paragraph 1er.
All notifications and communications referred to in this paragraph shall be in the manner determined by the King. "
Art. 12. In the same Act, an article 4/1 is inserted as follows:
Art. 4/1. Any person may consult the central register of marriage contracts. "
Art. 13. In section 6/1 of the Act of 6 May 2009, the following amendments are made:
1° the words ", to the conventions referred to in Article 1478 of the Civil Code and to the judgments referred to in Article 4, § 2, 3°," are inserted between the words "related to marriage contracts" and the words "must be repeated".
2° the words ", conventions referred to in Article 1478 of the Civil Code and judgments and judgments referred to in Article 4, § 2, 3°," are inserted between the words "of all marriage contracts" and the words "and the tariff of costs".
Art. 14. In article 6/2, paragraph 1er, of the same law, inserted by the law of 6 May 2009, the words ", conventions referred to in article 1478 of the Civil Code and judgments and judgments referred to in article 4, § 2, 3°," are inserted between the words "marital contracts" and the word "in order".
CHAPTER 3. - Reduction of workload and computerization in civil status
Art. 15. In section 38 of the Civil Code, the words ", and witnesses" are repealed.
Art. 16. In section 39 of the same Code, the words ", by comparants and witnesses" are replaced by the words "and by the comparants".
Art. 17. In section 42 of the same Code, the following amendments are made:
1° the first sentence is replaced by the following: "The acts will be recorded in the registers immediately. »;
2° the last sentence is replaced by the following: "There will be nothing written by abbreviation. The dates will be expressed in figures. »;
3° the article is supplemented by a paragraph written as follows:
"The King can determine the conditions to which acts must satisfy. "
Art. 18. In section 44 of the same Code, the words ", after they have been paraphnated by the person who produced them, and by the civil officer," are repealed.
Art. 19. In Book I, Title II, Chapter I, of the same Code, an article 44/1 is inserted as follows:
"Art. 44/1. Civil status officers may give one or more officers of the municipal administration a special written authorization to perform all tasks related to the establishment of civil status acts.
The authorization received must be mentioned before the signature of the agents of the municipal administration. "
Art. 20. Section 52 of the same Code is replaced by the following:
"Art. 52. Any unlawful alteration, all false in the acts of civil status, any registration other than in the registers intended for that purpose will result in damages to the parties, without prejudice to the penalties laid down in the Criminal Code. "
Art. 21. Section 56, § 4, of the same Code, replaced by the Act of 30 March 1984, is replaced by the following:
Ҥ4. The Civil Registry Officer shall ensure birth by a certificate from a doctor or birth attendant. "
Art. 22. In section 75, paragraph 1er, in the same Code, last amended by the Act of 6 April 2010, the words "parents or non-parents" are repealed.
Art. 23. In section 76 of the same Code, last amended by the Act of 6 April 2010, the 10th is repealed.
Art. 24. In section 77 of the same Code, as amended by the Order of the Régent of June 26, 1947, the words "who will only be able to deliver it after being transported to the deceased person, to ensure the death" are replaced by the words "who will only be able to deliver it after having ascertained the death by means of an attestation of death".
Art. 25. Section 80 of the same Code is replaced by the following:
"Art. 80. In the event of death in hospitals, prisons or other public institutions, the superiors, directors, administrators and officials of these institutions will be required to give notice within 24 hours to the Civil Registry Officer. It shall establish the act in accordance with Articles 78 and 79. "
Art. 26. In article 80bis, paragraph 1er, of the same Code, inserted by the law of 27 April 1999, the words "accredited graduates" are repealed.
Art. 27. In section 82 of the same Code, paragraph 2 is repealed.
Art. 28. Section 83 of the same Code, as amended by the Act of 15 December 1949, is repealed.
Art. 29. Sections 84 and 85 of the same Code are repealed.
CHAPTER 4. - The intervention of the justice of the peace regarding certain sales of buildings
Art. 30. Section 598 of the Judicial Code, last amended by the Act of 9 May 2007, is replaced by the following:
"Art. 598. The justice of the peace attends:
1° to the shares to which minors, prohibitions, presumed absent, persons interned under the Act of 9 April 1930 of Social Defence in respect of abnormals, ordinary offenders and perpetrators of certain sexual offences, and persons provided with a provisional administrator under sections 488bis, (a) to (k), of the Civil Code;
2° if it decides, in public sales of immovable property to which minors are interested, forbidden, presumed absent, persons interned by application of the law of 9 April 1930 of social defence in respect of abnormals, ordinary offenders and perpetrators of certain sexual offences, and persons provided with a provisional administrator under articles 488bis, a) to (k), of the Civil Code,
It shall exercise the prerogatives provided for in articles 1192 and 1206. "
Art. 31. In section 1186 of the same Code, replaced by the Act of 29 April 2001, paragraph 3 is replaced by the following:
"This is done in the presence of such legal representatives and, if necessary, of the subordinate guardians. The sale shall take place, if any, before the justice of the peace of the canton of the situation of the property. "
Art. 32. In section 1187 of the same Code, last amended by the Act of 9 May 2007, paragraph 4 is replaced by the following:
"This is done in the presence of such legal representatives and, if necessary, of the subordinate guardians. The sale shall take place, if any, before the justice of the peace of the canton of the situation of the property. "
Art. 33. In article 1189, paragraph 3, of the same Code, the words ", if any," are inserted between the words "It is done" and the words "in front of the justice of the peace of the canton of the situation of the goods. "
Art. 34. In article 1190, paragraph 2, of the same Code, the words ", if any" are inserted between the words "It is done" and the words "in front of the justice of the peace of the canton of the situation of the goods. "
Art. 35. In section 1191 of the same Code, replaced by the Act of April 29, 2001, the words "if any" are inserted between the words "the judge-commissary designates" and the words "at the same time the justice of the peace".
Art. 36. Section 1192 of the same Code is replaced by the following:
“Art. 1192. § 1er. The terms of sale established by the designated notary mention the date of sale and are subject to the approval of the justice of the peace before the publication begins.
The justice of the peace shall ensure that the interests referred to in Article 1191. Where applicable, it may subordinate its approval of the terms and conditions of sale to fix certain conditions, including, in particular, its presence during the auction session.
When the judge refuses his approval, his or her order may be appealed under sections 1031 to 1034.
§ 2. In case of difficulties, the notary or any other interested party may address the justice of the peace. If so, the justice of the peace shall, after hearing the legal representatives of the persons concerned, send them in provisional possession, the heirs beneficiaries, the curators of the vacant successions or the curators of the nearly masses. "
CHAPTER 5. - The electronic filing of corporate, ABL, foundations and non-profit international associations
Art. 37. Section 72 of the Corporate Code is replaced by the following:
"Art. 72. When the extract of the constitutive act is deposited, a royalty, the amount of which is fixed by the King, is charged to the person concerned. This fee remains due, even if, finally, there was no file constitution or publication. "
Art. 38. In article 73, paragraph 2, of the same Code, the words "electronic systems" are inserted between the words "names public servants" and the words "who will receive the acts".
Art. 39. In article 26octies, § 3, paragraph 2, of the law of 27 June 1921 on non-profit associations, non-profit international associations and foundations, inserted by the law of 2 May 2002, the words " § 1erparagraphs 4 and 5 and §§ 2 and 3 are replaced by the words “§ 1erparagraphs 3 and 4, and paragraphs 2 to 4".
Art. 40. In section 26 of the Act, inserted by the Act of 2 May 2002 and amended by the Acts of 16 January 2003 and 6 May 2009, the following amendments are made:
1° in § 1er, paragraph 3, the words "and compensation that is charged to the association and cannot exceed the actual cost" are repealed;
2° in § 2, paragraph 1er, the words ", at the expense of the interested persons" are repealed;
3° the article is supplemented by a § 4 written as follows:
“§4. When depositing the parts referred to in § 1er, paragraph 2, a royalty, the amount of which is fixed by the King, shall be charged to the person concerned. This fee remains due, even if, finally, there was no file constitution or publication of excerpts. "
Art. 41. In section 31 of the Act, inserted by the Act of 2 May 2002 and amended by the Acts of 16 January 2003 and 27 December 2004, the following amendments are made:
1° in § 4, the words ", at the expense of the persons concerned" are repealed;
2° § 5 is replaced by the following:
“§ 5. Article 26 Novies, § 1erparagraphs 3 and 4, and § 4, shall apply by analogy to the foundations referred to in § 1er. "
Art. 42. In Article 37, § 6, paragraph 1er, from the same law, inserted by the law of May 2, 2002, the word "private" is deleted.
Art. 43. In section 51 of the Act, inserted by the Act of 2 May 2002 and amended by the Acts of 16 January 2003 and 27 December 2004, the following amendments are made:
1° in § 3, the words ", at the expense of the persons concerned" are repealed;
2° § 4 is replaced by the following:
“§4. Article 26 Novies, § 1erparagraphs 3 and 4, and § 4, shall apply by analogy to international non-profit associations referred to in § 1er. "
Art. 44. In section 53 of the Act, inserted by the Act of 2 May 2002 and amended by the Acts of 9 July 2004, 27 December 2004 and 30 December 2009 and by the Royal Decree of 25 August 2012, the following amendments are made:
1° § 7 is supplemented by a paragraph written as follows:
"The operating costs of the Accounting Standards Commission shall be borne by the international non-profit associations required to publish their annual accounts by deposit to the National Bank of Belgium, in accordance with § 8. The King sets the amount of this contribution, which, however, cannot exceed three euros seventy two cents, indexed according to the same rules as those set for the indexation of salaries and salaries of the public service. This contribution is collected by the National Bank of Belgium at the same time as the advertising fees of the annual accounts and paid by it to the Commission. »;
2° the article is supplemented by a § 8 written as follows:
“§ 8. Within thirty days of their approval by the general governing body, the annual accounts of the international associations referred to in § 3 are deposited by the administrators at the National Bank of Belgium.
Are filed at the same time and in accordance with paragraph 1er :
1° a document containing the names and names of the directors and, if applicable, of the commissioners;
2°, if applicable, the report of the commissioners.
The King shall determine the terms and conditions for the filing of the documents referred to in paragraph 1er and 2, as well as the amount and modes of payment of advertising fees. The deposit shall be accepted only if the provisions of this paragraph are complied with.
Within fifteen working days after acceptance of the deposit, the deposit is mentioned in a collection prepared by the National Bank of Belgium on a medium and in the manner determined by the King. The text of this mention is sent by the National Bank of Belgium to the Registry of the Commercial Court where the record of the association referred to in Article 51 is held in order to be paid.
The National Bank of Belgium shall issue copies, in the form determined by the King, to those who make the request, even by correspondence, of all the documents transmitted to it pursuant to paragraphs 1er and 2, or documents referred to in subparagraphs 1er and 2 relating to designated associations and to specific years transmitted to it. The King shall determine the amount of the fees to be paid to the National Bank of Belgium for obtaining the copies referred to in this paragraph.
Court transplants are granted without charge and without delay from the National Bank of Belgium copying all documents referred to in paragraphs 1er and 2, in the form determined by the King.
The National Bank of Belgium is empowered to prepare and publish, as determined by the King, comprehensive and anonymous statistics relating to all or part of the elements contained in the documents transmitted to it pursuant to paragraphs 1er and 2. "
CHAPTER 6. - The filing of invoices by the unpaid seller
Art. 45. In section 20, 5°, of the Mortgage Act of 16 December 1851, as amended by the Royal Decree of 30 December 1939 and the laws of 29 July 1959 and 3 May 1999, the following amendments are made:
1° in paragraph 4, the words "; however, it has effect only insofar as, in the fifteenth of this delivery, a certified copy conforming to the seller, the invoice, even unaccepted, or any act recognizing the sale is filed at the office of the commercial court of the borough in which the debtor has his domicile and, in the absence of the latter, his residence" are repealed;
2° in paragraph 5, the sentences beginning with the words "The Clerk draws up" and ending with the words "application. are repealed.
CHAPTER 7. - The central file of notices of seizure, delegation, assignment, collective settlement of debts and protest
Art. 46. The title of the fifth part of title IerChapter 1erbis, the Judicial Code is replaced by the following:
"Central file of notices of seizure, delegation, assignment, collective settlement of debts and protest."
Art. 47. The title of Part 5, Part IerChapter 1erbis, section 1rethe same Code is replaced by the following:
"Institution of a central file of notices of seizure, delegation, assignment, collective settlement of debts and protest."
Art. 48. In article 1389bis/1 of the same Code, inserted by the law of 29 May 2000, the words "and collective settlement of debts" are replaced by the words ", collective settlement of debts and protests".
Art. 49. In section 1389bis/2 of the same Code, inserted by the law of 29 May 2000, the following amendments are made:
1° the words "Article 1er, § 6 are replaced by the words "Article 1er§ 4
2° the article is supplemented by a paragraph written as follows:
"The National Chamber ensures control and communicates to the Management and Oversight Committee all possible abuses with respect to the notice file. "
Art. 50. In article 1389bis/5 of the same Code, inserted by the law of 29 May 2000, paragraph 1er, second sentence, is supplemented by the words ", except to the National Bank of Belgium as part of its legal missions, in which case it is authorized to use the number. "
Art. 51. In article 1389bis/6 of the same Code, inserted by the law of 29 May 2000, the following amendments are made:
1° between paragraph 2 and paragraph 3, a paragraph shall be inserted as follows:
“By derogation from subparagraphs 1er and 2, the Minister of Justice fixes a fee for the registration of notices referred to in section 1390quater/1, after taking the advice of the Management and Oversight Committee and the National Chamber. The Minister of Justice does not provide for a fee, after taking the advice of the Management and Oversight Committee and the National Chamber, only for the communication of such data, recorded in the notice file, to specific categories of persons referred to in Article 1391, § 2, paragraph 3. »;
2° the article is supplemented by a paragraph written as follows:
"The Minister may diversify the fee after taking the advice of the Management and Oversight Committee and the National Chamber. "
Art. 52. In article 1389bis/7 of the same Code, inserted by the Act of 29 May 2000 and amended by the Act of 27 March 2006, the words "regarding seizures, enforcement channels and collective debt settlement" are replaced by the words "regarding seizures, enforcement, collective debt settlement and protest".
Art. 53. In section 1389bis/8 of the same Code, inserted by the Act of 29 May 2000 as amended by the Act of 27 March 2003, and amended by the Act of 27 December 2004, the following amendments are made:
1° in paragraph 1er, the words "Department of Debt" are replaced by the words "Federal Public Service" and the words "and collective debt settlement" are replaced by the words ", collective debt and protest settlement";
2° Paragraph 2 is replaced by the following:
"The Management and Oversight Committee is chaired by a Judge of Seizures or an Emeritus Magistrate who may justify an effective experience of at least two years in relation to seizures, appointed by the Minister of Justice. The Committee shall also be composed of a legal officer and an informatician representing the Minister of Justice and appointed by him, a clerk of a court of first instance or a court of appeal, a branch of the French court, and a clerk of a judge of a court of law, all appointed by the Minister of Justice of the Netherlands, a member of the Commission of the Protection of Privacy »;
3° the article is supplemented by a paragraph written as follows:
"The Federal Public Service Justice organizes the accommodation and support of the Management and Oversight Committee. "
Art. 54. In article 1389bis/9, second sentence, of the same Code, inserted by the law of 29 May 2000, the words "of the Committee" are replaced by the words " referred to in this section".
Art. 55. In Article 1389bis/10, § 1erin the same Code, inserted by the Act of 29 May 2000, the following amendments are made:
(a) in the Dutch text of 1°, the words "centraal bestand" are replaced by the words "bestand van berichten";
(b) in the 1st, the words "central file" are replaced by the words "advertising file";
(c) the paragraph shall be supplemented by a 6th word as follows:
"6° to advise on the organization of the notice file and the impact of the operating procedures on its cost, as well as on the draft annual budget of the notice file and the annual monitoring report thereon. "
Art. 56. In Article 1390, § 1erin the same Code, replaced by the Act of 29 May 2000 as amended by the Acts of 27 March 2003 and 30 December 2009, the following amendments are made:
(a) in paragraph 1er, 2°, the words "the trade register number and" are repealed;
(b) a sub-item is inserted between paragraphs 2 and 3:
"By "receiver" means, in paragraph 2, the recipients of the administration of Direct Contributions, the administration of the T.V.A., the Recording and Domains and the administration of Customs and Accises, the regional receivers, the personnel of the Agentschap Vlaamse Belastingsdienst, the provincial and municipal receivers. "
Art. 57. In article 1390bis, paragraph 1er, of the same Code, inserted by the Act of March 31, 1987 and replaced by the Act of May 29, 2000, the words ", established by the clerk or by the judicial officer, as the case may be," are replaced by the words "established, as the case may be, by the clerk, the judicial officer or the officer who enforces section 15 of the Act of February 21, 2003 creating a GSP for food claims".
Art. 58. In article 1390ter, paragraph 1er, 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 30 December 2009, the second is replaced by the following:
"2° the name, first name, date of birth and domicile, or name, legal form, head office and business number of the assignor; "
Art. 59. In Article 1390quater, § 2, paragraph 1erthe same Code, inserted by the Act of 31 March 1987, renumbered by the Act of 14 January 1993 and replaced by the Act of 29 May 2000, the following amendments are made:
(a) the introductory sentence is replaced by the following:
"The debt mediator shall address the notices file within three working days of the dates mentioned below:"
(b) 2° is supplemented by the words "and the identity of the debt mediator replacing the meaning of § 1er2°; »;
(c) the paragraph is supplemented by a 5° written as follows:
"5° in case of total debt remission, the date of the decision and the date of revocation of the decision. "
Art. 60. In Part 5, Part IerChapter Ierbis, section III, of the same Code, insert an article 1390quater/1 as follows:
“Art. 1390quater/1. Within three business days of the establishment of the Protest Act, the judicial officer, acting under his responsibility, addresses a notice of protest stating:
1 the place, date and nature of the protest;
2° the type of effect to which the protest act relates;
3° the name and name, legal form or particular name of the beneficiary of the promissory note or the shooter of the letter of exchange, as well as his domicile or, if it is a merchant, his principal place of business or, if it is a legal person, his head office and business number;
4° the name and first name, legal form or particular name of the subscriber of the promissory note or the drawn from the letter of exchange, as well as its acceptance or not by it, its domicile or, if it is a merchant, its principal place or, if it is a legal person, its head office and its business number;
5° the due date;
6° the amount of the effect and, if 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 judicial officer instrumenting;
9° the name of the applicant. "
Art. 61. Section 1390quinquies of the same Code, inserted by the Act of 5 July 1998 and replaced by the Act of 29 May 2000, is replaced by the following:
"Art. 1390quinquies. No handover or distribution of seized, cash or seized-in-arrested money, or from the sale of seized furniture or immovables, may take place only in accordance with the provisions of articles 1627 to 1654.
When the distribution has become final, the judicial officer or notary who has issued the notice of distribution by contribution or order shall transmit this information to the notice file, in accordance with the terms determined by the King. "
Art. 62. In section 1390septics of the same Code, inserted by the Act of 29 May 2000 as amended by the Act of 27 March 2003, the following amendments are made:
(a) Paragraph 2 is replaced by two subparagraphs as follows:
"When the seizure or opposition is carried out by companies or persons with a business number, structured information of the notices is sent to it, according to the terms and parameters determined by the King, by the notice file, no later than the first day after their receipt, to the registry of the borough trade tribunal where they are registered.
When notices are sent in accordance with Article 1390quater, the notice file addresses them, as well as Corrections and Amendments, to the National Bank of Belgium and the Commission of Random Games, no later than twenty-four hours from the delivery of the notice order or the notice mention. Any person who has accessed the notice file on behalf of a natural person is, if any, notified by the file of the notices of the above-mentioned new information, as defined by the King. »;
(b) in paragraph 3, which becomes paragraph 4, the words "without prejudice, if purchased, of radiation" are replaced by the words "except in the event of radiation";
(c) in paragraph 5, which becomes paragraph 6, the words "By derogation from paragraph 3" are replaced by the words "By derogation from paragraph 4", and the paragraph is supplemented by the words "or the decision to surrender or revocation of the debt. »;
(d) The following subparagraphs shall be inserted between paragraphs 5 and 6, which become paragraphs 6 and 9:
"By derogation from paragraph 4, the notice referred to in section 1390quater/1 is retained in the notice file until the full payment or the termination of the ambient debt for another reason. In both cases, the instrumenting judicial officer shall remove the notice within three business days of receiving the full payment or finding the termination.
For this purpose, the following statements are included in the notice of interest concerned:
1° the date of payment or termination of the room debt;
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."
Art. 63. In section 1391 of the same Code, replaced by the Act of 29 May 2000 as amended by the Acts of 13 December 2005 and 30 December 2009, and amended by the Act of 31 May 2001, the following amendments are made:
1° § 1er is replaced by the following:
« § 1er. The lawyers, at the intervention of the Order of the French and German-speaking Bars and the Orde van Vlaamse Balies, the judicial officers and the receivers of the administration of the Direct Contributions, the administration of the T.V.A., the Recording and the Domains and the administration of the Customs and Accises, the regional receivers, the members
Notaries, at the intervention of the Royal Federation of the Belgian Notariat, are authorized to consult the notices referred to in articles 1390 to 1390quater established on behalf of persons whose property must be the subject of an act under their ministry.
Debt mediators may, for the purposes of their legal duties, be aware of the notices referred to in articles 1390 to 1390quater established on behalf of the applicant-debiter and on behalf of those who share a community or an indivision with him. The consultation is carried out, for lawyers, judicial officers and notaries, in accordance with the terms set out in paragraphs 1er and 2 and, for the other debt mediators, the intervention of the National Chamber.
All judges, clerks and consular and social judges may consult, for the purposes of their legal duties, the notices referred to in articles 1390 to 1390quater/1 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 legal duties, through a general or comprehensive search and in accordance with the terms and parameters determined by the King. »;
2° § 2 is supplemented by a paragraph written as follows:
"The notices referred to in section 1390quater/1 shall be electronic and accessible to any person according to the terms fixed by the King. The King may also allow specific categories of persons, which He defines, to consult the above-mentioned opinions on the conditions that He determines. »;
3° the introductory sentence of § 5 is replaced by the following:
Ҥ 5. Any request to consult the notices referred to in sections 1390 to 1390quater is admissible only if it mentions: ".
Art. 64. In section 1514 of the same Code, replaced by the Act of 29 May 2000 as amended by the Act of 27 March 2003, the following amendments are made:
1st paragraph 1er is supplemented by the following sentence:
"Also referred to in the exploit, the other seizing persons who have also entered these objects, including all relevant data for the summons referred to in paragraph 3. »;
2° in paragraph 3, the words "as mentioned in the citation" are inserted between the words "possible other striking" and the words "to put them to the cause";
3rd paragraph 3 is supplemented by the following sentences:
"The persons summoned in this way by judicial fold become parties to the cause, unless they oppose the hearing. The clerk also advises the parties in the judicial fold. "
Art. 65. In section 1524, paragraph 6, of the same Code, replaced by the Act of 27 March 2003, the words "a notice of seizure made common" are replaced by the words "a notice of seizure made common".
Art. 66. In article 1675/14, § 3, of the same Code, replaced by the law of 29 May 2000, the words "without delay" are replaced by the words "within three days".
Art. 67. Section 9 of the Business Continuity Act of January 31, 2009 is replaced by the following:
“Art. 9. Without prejudice to section 1389bis/16 of the Judicial Code, the notices of protest referred to in section 1390quater/1 of the same Code are available at the office of the court of the domicile of the debtor, or, if it is a merchant, the principal establishment of the debtor, or, if it is a legal person, the seat of the debtor of a letter of exchange or a promissory note. "
CHAPTER 8. - Amendments to the Code of Registration, Mortgage and Registry Rights with respect to protests covered by the Protests Act of 3 June 1997
Art. 68. In section 19, 1°, of the Code of Registration, Mortgage and Registry Rights, replaced by the Act of 12 July 1960 and amended by the Act of 5 July 1963, the words ", with the exception of the protests referred to in the Act of 3 June 1997 on protests" are inserted between the words "of judicial officers" and the words "; stops."
Art. 69. In section 26 of the same Code, replaced by the Act of 12 July 1960 and amended by the Act of 5 July 1963, paragraph 3 is repealed.
Art. 70. In section 32 of the same Code, the following amendments are made:
(a) in 2°, amended by the laws of 5 July 1963 and 10 June 1997, the words "other than protests" are repealed;
(b) 8°, replaced by the Act of 10 June 1997, is repealed.
Art. 71. In section 35, paragraph 1erthe following amendments are made to the Code:
(a) in the 1st, amended by the laws of 5 July 1963 and 10 June 1997, the words "other than protests" are repealed;
(b) 2°, restored by the law of 10 June 1997, is repealed.
Art. 72. In section 39 of the same Code, the following amendments are made:
(a) in the 1st, amended by the laws of 5 July 1963 and 10 June 1997, the words "other than protests" are repealed;
(b) 1° bis, inserted by the law of 10 June 1997, is repealed. "
Art. 73. Section 157 of the same Code, replaced by the Act of 10 June 1997 and amended by the Royal Decree of 20 July 2000 as amended by the Royal Decree of 13 July 2001, is repealed.
CHAPTER 9. - Acknowledgment of the obligation to send a recommended letter upon the service of an bailiff's exploit
Art. 74. In Article 38, § 1er, paragraph 3, of the Judiciary Code, replaced by the Act of 6 April 2010, the words "under the recommended fold to the post" are repealed.
CHAPTER 10. - Relief of certain obligations under the Judicial Code
Art. 75. Article 1231-4 of the same Code, inserted by the law of 24 April 2003 and amended by the law of 6 December 2005, the current text of which will form § 1er, is supplemented by §§ 2, 3 and 4 as follows:
Ҥ2. As long as the respective individuals are registered on the date of the application to the National Register of Physical Persons, established by the Act of 8 August 1983, which organizes a national register of natural persons, they are exempt from providing:
1° a certified copy of the birth certificate, or an equivalent act as long as it is an act of a person born in Belgium;
2° proof of nationality;
3° a certificate of habitual residence of the opponent or adopters, and of the opponent.
The data in the National Register referred to in 2° and 3° are believed to the contrary. In this case, the court registry controls the data through the National Register and provides an extract from it to the file.
The court registry itself requests a copy of the act referred to in 1° to the depositary of the register.
The same is true when the act was transcribed in Belgium and the transplant is familiar with the place of its transcription.
§ 3. The provisions of § 2 shall not apply to persons registered in the waiting register.
§ 4. If the submissions of the application are incomplete, or the Registry has not been able to collect certain information in a timely manner for the introductory hearing, the judge invites the most diligent party to provide the required information or to complete the record of the proceedings. Each party may also take the initiative to form the file. "
Art. 76. Article 1231-28 of the same Code, inserted by the Act of 24 April 2003 and replaced by the Act of 6 December 2005, the current text of which will form § 1er, is supplemented by §§ 2, 3 and 4 as follows:
Ҥ2. As long as the respective individuals are registered on the date of the application to the National Register of Physical Persons, established by the Act of 8 August 1983, which organizes a national register of natural persons, they are exempt from providing:
1° a certified copy of the birth certificate, or an equivalent act, as long as it is an act of a person born in Belgium;
2° proof of nationality;
3° a certificate of habitual residence of the opponent or adopters, and of the opponent.
4° an extract of the marriage act;
5° a declaration of legal cohabitation;
6° proof of cohabitation over three years.
The data in the National Register referred to in 2°, 3°, 5° and 6° are believed to the contrary. In this case, the court registry controls the data through the National Register and provides an extract from it to the file.
The court registry itself requests a copy of the act referred to in 1° and 4° to the depositary of the register.
The same is true when the act was transcribed in Belgium and the transplant is familiar with the place of its transcription.
§ 3. The provisions of § 2 shall not apply to persons registered in the waiting register.
§ 4. If the submissions of the application are incomplete, or the Registry has not been able to collect certain information in a timely manner for the introductory hearing, the judge invites the most diligent party to provide the required information or to complete the record of the proceedings. Each party may also take the initiative to form the file. "
Art. 77. Article 1288bis of the same Code, inserted by the law of 30 June 1994 and amended by the laws of 20 May 1997 and 27 April 2007, whose current text will form § 1er, is supplemented by §§ 2, 3 and 4 as follows:
Ҥ2. As long as the respective individuals are registered, on the date of the proceedings, in the National Register of Natural Persons, established by the Act of 8 August 1983 establishing a national register of natural persons, they are exempted from providing:
1° an extract of the birth certificates of the spouses, provided they are born in Belgium;
2 ° an extract of the birth certificates of the children referred to in Article 1254, § 1erparagraph 4, provided that they are born in Belgium;
3° an extract of the marriage, provided that the marriage took place in Belgium;
4° proof of nationality of each spouse.
The data on this subject contained in the National Register are believed to the contrary. In this case, the court registry controls the data through the National Register and provides an extract from it to the file.
The court registry itself requests a copy of the act referred to in 1°, 2° and 3° to the depositary of the register.
The same is true when the act was transcribed in Belgium and the transplant is familiar with the place of its transcription.
§ 3. The provisions of § 2 shall not apply to persons registered in the waiting register.
§ 4. If the submissions of the application are incomplete, or the Registry has not been able to collect certain information in a timely manner for the introductory hearing, the judge invites the most diligent party to provide the required information or to complete the record of the proceedings. Each party may also take the initiative to form the file. "
CHAPTER 11. - Reorganization
Labour Court Registry
Art. 78. In article 1675/2, paragraph 3, of the same Code, inserted by the Act of 5 July 1998, the following amendments are made:
1° the words "the amicable or judicial settlement plan has been revoked" are replaced by the words "the amicable or judicial settlement procedure has been revoked";
2° the words "paragraph 1er, 1° and 3° to 5°, » are repealed.
Art. 79. In section 1675/8 of the same Code, inserted by the Act of 5 July 1998 and last amended by the Act of 6 April 2010, paragraph 1er is replaced by the following:
"The debtor and the third parties shall issue to the debt mediator debts charged with an amicable or judicial settlement procedure, at his request, any necessary information on transactions carried out by the debtor and on the composition and location of the assets of the debtor. The debtor or third party may, by simple written statement filed or sent to the Registry, object to the application to the judge who is seized of the collective settlement of debt. "
Art. 80. In Article 1675/9, § 1er, 2°, of the same Code, inserted by the law of 5 July 1998 and amended by the law of 29 May 2000, the words "copy of the request" are repealed.
Art. 81. In Article 1675/10, § 4, paragraphs 1er and 2, of the same Code, inserted by the Act of 5 July 1998 and amended by the Act of 13 December 2005, the words "with acknowledgement of receipt" are repealed each time.
Art. 82. ÷ article 1675/15 of the same Code, inserted by the Act of 5 July 1998 and amended by the Acts of 13 December 2005 and 6 April 2010, the following amendments are made:
1° it is inserted a § 1er/1 to read:
« § 1er/1. The termination of the amicable or judicial settlement plan may be pronounced by the judge before whom the case is brought back to the debtor's request by a simple written statement filed or sent to the Registry. »;
2° a § 2/1 is inserted as follows:
“§ 2/1. In case of revocation in accordance with § 1er or in the event that the collective debt settlement is terminated in accordance with § 1er/1, the judge agrees with the sharing and destination of the amounts available on the mediation account. »;
3° in § 3, the words "or in the case of termination of the collective settlement of debts" are inserted between the words "In case of revocation" and "the creditors";
4° in § 3 the words "and without prejudice to § 2/1" are inserted between the word "revocation" and the words "creditors".
Art. 83. ÷ section 1675/16 of the same Code, inserted by the Act of 5 July 1998 and replaced by the Act of 6 April 2010, the following amendments are made:
1° to § 1erthe words "and the decisions referred to in Article 1675/19, § 3" are inserted between the word "debts" and the word "are";
2° a § 2/1 is inserted as follows:
“§ 2/1. The replacement decision referred to in 1675/17, § 4, is notified by the debt mediator replacing, by registered letter to the position, creditors and income debtors. »;
3° § 3 is supplemented by the following sentence:
"The replacement decision referred to in 1675/17, § 4, is only notified to the mediator of replaced debts, the mediator of replacement debts and the debtor. "
Art. 84. In article 1675/17, § 4, of the same Code, inserted by the law of 5 July 1998, the word "is" is replaced by the words "may be".
CHAPTER 12. - Entry into force
Art. 85. This Act comes into force on 1er September 2013.
The King may fix an effective date prior to that referred to in paragraph 1er for each of its provisions and for each part thereof.
Derogation from subparagraphs 1er and 2, Articles 2 to 14 and 23 come into force on a date to be defined by the King and no later than 1er September 2015.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 14 January 2013.
ALBERT
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Session 2011-2012.
House of Representatives
Documents. - 53-1804 -2011/2012.
N° 1: Proposal by Ms. Becq, Mr. Verherstraeten, Terwingen and Van Hecke, Ms. Boulet and Van Vaerenbergh and Mr. Brotcorne.
No. 2: Addendum.
No. 3-9: Amendments.
No. 10: Opinion of the Privacy Commission.
No. 11: Erratum.
No. 12-14: Amendments.
Session 2012-2013.
House of Representatives
Documents. - 53-1804 -2012/2013.
No. 15: Amendments.
Number 16: Report.
No. 17: Text adopted by the commission.
N° 18: Text adopted in plenary and transmitted to the Senate.
Full report: 6 December 2012.
Senate
Document. - 5-1878 - 2012/2013.
No. 1: Project not referred to by the Senate.