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10 DECEMBER 2012. - An Act to amend the Civil Code, the Criminal Code and the Judicial Code with regard to estate indignity, the revocation of donations, the loss of matrimonial benefits and substitution

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Civil Code
Art. 2. Article 203, § 3, of the Civil Code, replaced by the Act of 19 March 2010, is supplemented by a paragraph written as follows:
"This obligation is null and void in respect of the unworthy child to inherit the pre-determined spouse. The judge suspends his pronouncement until the decision leading to indignity has passed into force of a judgment. "
Art. 3. Article 205bis of the same Code, inserted by the law of 14 May 1981, is supplemented by a § 6 written as follows:
“§ 6. Succession is exempt from the obligation referred to in §§ 1^er and 2 if the applicant is unworthy to come to this succession, without distinction as to whether or not he is called to this succession. "
Art. 4. In article 301, § 10, of the same Code, replaced by the law of 27 April 2007, the words " 205bis, §§ 2, 3, 4 and 5" are replaced by the words " 205bis, § 1^er and §§ 3 to 6".
Art. 5. In article 339bis of the same Code, inserted by the law of March 31, 1987, the words " 205bis, §§ 3 and 4" are replaced by the words " 205bis, §§ 3, 4 and 6".
Art. 6. In article 353-14, paragraph 2, of the same Code, inserted by the law of 24 April 2003, the words " 205bis, §§ 3 to 5" are replaced by the words " 205bis, §§ 3 to 6".
Art. 7. Article 387 of the same Code is supplemented by a paragraph written as follows:
"By derogation from paragraph 1^erthe parent who is unworthy of one of his children is not entitled to the enjoyment of the property of that child. "
Art. 8. Section 727 of the same Code, as amended by the Act of 23 January 2003, is replaced by the following:
"Art. 727. § 1^er. Is unworthy to succeed, and as such excluded from the succession:
1° he who is found guilty of having, as an author, co-author or accomplice, committed on the person of the deceased, a fact that led to his death, as referred to in articles 376, 393 to 397, 401, 404 and 409, § 4, of the Criminal Code, as well as the person who is found guilty of trying to commit such an act;
2° he who is declared unworthy because he has committed or attempted to commit an act referred to in 1°, but who, because he has died in the meantime, has not been condemned for this fact;
3° he who is declared unworthy because he was found guilty of having committed, as an author, co-author or accomplice, on the person of the deceased a fact as referred to in Articles 375, 398 to 400, 402, 403, 405, 409, § 1^er3 and 5, and 422 bis of the Criminal Code.
§ 2. Indignity referred to in § 1^er, 1°, is a civil sanction that produces its effects by the only fact for the success of being convicted.
Indignity referred to in § 1^er, 2°, is a civil sanction, pronounced by the court on the requisition of the King's prosecutor.
Indignity referred to in § 1^er, 3°, is a civil sanction, which the criminal judge can pronounce which recognizes the successive guilty of having committed one of the facts mentioned therein. The criminal judge may also make such a civil sanction in respect of the one he found guilty of trying to commit such a crime. "
Art. 9. Section 728 of the same Code is replaced by the following:
"Art. 728. Indignity is lifted, in the cases provided for in Article 727, § 1^er3°, if the deceased has forgiven the facts to their author, co-author or accomplice. Forgiveness can only be granted in a writing from the deceased, established after the facts and in the forms required for a will. "
Art. 10. Section 729 of the same Code is replaced by the following:
"Art. 729. The successive exclusion from the succession for cause of indignity is deemed to have never had any right in the succession, however without prejudice to the rights of third parties who acted in good faith.
The indignation is obliged to render all the fruits and revenues of which he has enjoyed since the opening of the succession.
The share of the indignation benefits its descendants, if the substitution takes place; otherwise, its share increases that of other successes of its degree; if the indignation is alone to its degree, it is devolved to the subsequent degree, or to the following order, as the case may be. "
Art. 11. Section 730 of the same Code is replaced by the following:
"Art. 730. Children of the indignation are not excluded from the estate for the fault of their parent; they can come to succession by substitution.
The indignation has no right to legal enjoyment of property whose children inherit as a result of its indignity and cannot inherit such property directly or indirectly.
If the property collected by the child of a badge is found in kind in the succession of the child at the death of the child, the indignation is excluded from this succession with respect to these property. If they no longer find themselves in kind in this succession, the indignation is excluded to the extent of their value, except and to the extent that these goods have been consumed and therefore their countervalue is no longer in the succession. The value of these properties is determined at the time the child has collected them. "
Art. 12. In section 734 of the same Code, the word "representation" is replaced by the word "replacement".
Art. 13. The title of Book III, Title I^er, chapter III, section 2, of the same Code, is replaced by the following: "Section 2. Substitute."
Art. 14. Section 739 of the same Code is replaced by the following:
"Art. 739. The substitution allows descendants of a successive to take their place in the succession, and to be called to its degree.
The substitution takes place, according to the rules mentioned below, in the case of predecess, simultaneous death, renunciation and indignity of a successive. "
Art. 15. In section 740 of the same Code, the following amendments are made:
1° in paragraph 1^erthe word "representation" is replaced by the word "replacement";
2° Paragraph 2 is repealed.
Art. 16. A Section 741 of the same Code:
1° in paragraph 1^erthe word "representation" is replaced by the word "replacement";
2° the article is supplemented by a paragraph written as follows:
"The substitution does not take place either in favour of the descendants of the spouse or the legal cohabitant. "
Art. 17. Section 742 of the same Code, replaced by the Act of 11 October 1919, is replaced by the following:
“Art. 742. On the collateral line, the substitution takes place in favor of the descendants of brothers and sisters, uncles and aunts of the deceased. "
Art. 18. Section 743 of the same Code is replaced by the following:
“Art. 743. The substitution takes place even when none of the successes to the same degree comes to succession, either because they died before or at the same time as the deceased, or because they have given up or are indignant. It takes place, although descendants are at equal or unequal levels.
In all cases of substitution, sharing is carried out by strain. If the same strain has produced several branches, the subdivision also occurs by strain in each branch, and the members of the same branch share with each head. "
Art. 19. In section 744 of the same Code, as amended by the laws of 15 December 1949 and 19 September 1977, the following amendments are made:
1° paragraphs 1^erand 3 are repealed;
2° in paragraph 2, the word "representation" is replaced by the word "replacement".
Art. 20. In section 745, paragraph 2, of the same Code, the word "representation" is replaced by the word "replacement".
Art. 21. In article 749 of the same Code, as amended by the law of 14 May 1981, the words "or their representatives" are replaced by the words "or those who replace them".
Art. 22. In section 750, paragraph 2, of the same Code, the word "representation" is replaced by the word "replacement".
Art. 23. In section 751 of the same Code, the words "or their representatives" are replaced by the words "or those who substitute for them".
Art. 24. In section 753, paragraph 2, of the same Code, as amended by the Act of 11 October 1919, the word "representation" is replaced by the word "replacement".
Art. 25. In section 755, paragraph 2, of the same Code, the word "representation" is replaced by the word "replacement".
Art. 26. Section 786 of the same Code is replaced by the following:
"Art. 786. The renouncing's share benefits its descendants, if the substitution takes place; otherwise, its share increases that of other successes of its degree; if the renouncing is alone to its degree, it is devolved to the subsequent degree, or to the following order, as the case may be. "
Art. 27. Section 787 of the same Code is repealed.
Art. 28. Section 845 of the same Code is replaced by the following:
"Art. 845. The heir who comes to the estate of his leader is obliged to report only what he himself received from the deceased, and not what his father or mother received, he does not report more than what his child or descendant received. "
Art. 29. Section 847 of the same Code is replaced by the following:
"Art. 847. However, descendants who come to succession by substitution are required to report, in this succession, the liberalities they received from the deceased, unless they were dispensed with them. They are also required to report, in less taking, the liberalities received from the deceased by the person to whom they substitute, unless the latter has been provided with a report. "
Art. 30. Section 848 of the same Code is replaced by the following:
"Art. 848. The success that renounces the succession can, if it has no descendants substituted for it, retain the gift between livers or claim the legacy that was granted to it, up to the available portion.
The successive indebtedness of succeeding who has no descendants substituted for him, cannot hold the gift between livers or claim the legacy that was granted to him, until the available portion and as long as this liberality is not revoked. "
Art. 31. In section 914 of the same Code, the words "that they represent" are replaced by the words "to which they replace".
Art. 32. In section 953 of the same Code, the words ", because of ingratitude, and because of the occurrence of children" are replaced by the words "and because of ingratitude".
Art. 33. In section 957 of the same Code, the following amendments are made:
(a) Paragraph 2 is replaced by the following:
"The donor may apply for revocation against the donee, and after the death of the donee, against his heirs. »;
(b) the article shall be supplemented by a paragraph written as follows:
"The heirs of the donor can only request revocation if:
1° the donor had already initiated the action;
2° the donor died in the year from either the day of the offence, or the day he was able to know the offence; the heirs must then bring the action in the year beginning either on the day of the offence, or on the day the donor knew the offence;
3° the donor died without knowing the offence; the heirs must then bring the action in the year from either the day of death, or the day they were able to know the offence, or the day they were able to know the donation. "
Art. 34. Article 1046 of the same Code is supplemented by a paragraph written as follows:
"Heriters can only ask for revocation because of ingratitude if:
1° the testator died in the year from either the day of the offence, or the day he was able to know the offence; the heirs must then bring the action in the year from either the day of the offence, or the day the testator was able to know the offence;
2° the testator died without knowing the offence; The heirs must then bring the action in the year from either the day of death, or the day they were able to know the offence, or the day they were able to know the legacy. "
Art. 35. Section 1047 of the same Code is supplemented by the following:
"or the day the heirs knew the offence. "
Art. 36. In section 1051 of the same Code, the word "representation" is replaced by the word "replacement".
Art. 37. Article 1093 of the same Code is supplemented by a paragraph written as follows:
"This donation may be revoked because of ingratitude, as provided for in Article 955 and Article 1047 with respect to the donation of goods to come. "
Art. 38. Section 1429 of the Code, replaced by the Act of 14 July 1976 and amended by the Act of 27 April 2007, is replaced by the following:
"Art. 1429. The dissolution of the legal regime by the separation of judicial property or by the conventional adoption of another matrimonial regime leads to the invalidity of survival rights that are granted as matrimonial benefits. However, the benefit of a contractual institution is maintained unless the spouses agree otherwise. "
Art. 39. In the same Code, an article 1429bis is inserted as follows:
"Art. 1429bis. § 1^er. If the surviving spouse is unworthy of inheriting the deceased spouse, the surviving spouse also loses all the benefits that would result from the composition, operation, liquidation or sharing of the common heritage. However, it retains the right to half of the purchases, unless the marriage contract attributes a lower share to it, it retains.
§ 2. The provisions relating to inheritance indignity apply by analogy to the indignity of collecting or retaining a matrimonial advantage. Thus, even if the surviving spouse is excluded from the estate of the deceased spouse, either by the effect of an exemption clause, or by the effect of a decision to exclude or dismiss his estate rights. "
Art. 40. Section 1459 of the same Code, as amended by the Act of 27 April 2007, is repealed.
Art. 41. Article 1477, § 5, of the same Code, inserted by the Act of 28 March 2007, is supplemented by a paragraph written as follows:
"This obligation is null and void in respect of the unworthy child to inherit the pre-deceased legal cohabitant. The judge suspends his pronouncement until the decision leading to indignity has passed into force of a judgment. "
CHAPTER 3. - Amendments to the Criminal Code
Art. 42. Section 46 of the Criminal Code, repealed by the Act of 31 January 1980, is reinstated in the following wording:
“Art. 46. The court or tribunal that finds guilty of one of the offences referred to in Articles 375, 398 to 400, 402, 403, 405, 409, §§ 1^er 3 and 5, and 422bis, a person who may be called as a legal heir to the estate of the victim, may also pronounce the indignity of the author, the co-author or the accomplice, who will then be excluded from the estate of the victim. "
Art. 43. Section 99, paragraph 2, of the same Code, repealed by the Act of 21 December 2009, is reinstated in the following wording:
"The indignity of inheritance, pronounced by the judge on the basis of section 46, is imprescriptible. It may be lifted by forgiveness, granted by the victim in accordance with Article 728 of the Civil Code. "
CHAPTER 4. - Amendment of the Judicial Code
Art. 44. Section 569, 3°, of the Judicial Code, repealed by the Act of 27 March 2001, is reinstated in the following wording:
"3° of claims for declaration of indignity of estate referred to in Article 727, § 1^er2°, Civil Code; "
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 10 December 2012.
ALBERT
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) See:
Documents of the Senate
5-550 - 2010/2011:
N° 1: Proposal for the Law of Mrs. Taelman, Stevens and Defraigne and MM. Torfs, Swennen and Delperate.
5-550 - 2011/2012:
n^bones 2-7: Amendments.
Number 8: Report.
No. 9: Text adopted by the commission.
No. 10: Amendments.
Report.
No. 12: Text adopted by the commission.
No. 13: Text adopted in plenary and transmitted to the Chamber of Representatives.
Annales du Sénat : July 19, 2012
Documents of the House of Representatives
53 2388/ (2011/2012):
Number 1: Project transmitted by the Senate.
Number two: Report.
Number 3: Text corrected by commission.
No. 4: Text adopted in plenary and subject to Royal Assent.
Full report: 28-29 November 2012.