An Act To Amend The Civil Code, The Penal Code And The Judicial Code As Regards The Unworthiness To Inherit, The Revocation Of The Donations, Forfeiture Of The Matrimonial Advantages And Overriding

Original Language Title: Loi modifiant le Code civil, le Code pénal et le Code judiciaire en ce qui concerne l'indignité successorale, la révocation des donations, la déchéance des avantages matrimoniaux et la substitution

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013009002&caller=list&article_lang=F&row_id=1300&numero=1392&pub_date=2013-01-11&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-01-11 Numac: 2013009002 SERVICE PUBLIC FÉDÉRAL JUSTICE 10 December 2012. -Act to amend the civil Code, the penal Code and the Judicial Code as regards the unworthiness to inherit, the revocation of the donations, the forfeiture of the matrimonial advantages and overriding ALBERT II, King of the Belgians, to all, present and future, 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. -Changes of the Code civil art. 2. article 203, paragraph 3, of the civil Code, replaced by the Act of March 19, 2010, is supplemented by a paragraph worded as follows: "this obligation is void for the unworthy to inherit from predeceased spouse child.
Judge suspends its pronouncement until decision causing unworthiness is passed into res judicata. ».
S. 3. article 205a of the same Code, inserted by the law of 14 May 1981, is supplemented by a § 6 worded as follows: ' ' § § 6 6 The estate is exempt from the obligation referred to in §§ 1 and 2 If the applicant is unworthy to come to this succession, without distinction according to whether it is or is not actually called to the succession.
».
S. 4. in article 301, § 10, of the same Code, replaced by the law of 27 April 2007, '205a, §§ 2, 3, 4 and 5' shall be replaced by the words ' 205a, § 1 and §§ 3 to 6.
S. 5. in article 339bis of the Code inserted by the Act of 31 March 1987, "205a, §§ 3 and 4" shall be replaced by the words '205a, §§ 3, 4 and 6.
S. 6. in article 353-14, paragraph 2, of the same Code, inserted by the law of April 24, 2003, '205a, §§ 3 to 5' shall be replaced by the words "205a, §§ 3 to 6.
S. 7. article 387 of the Penal Code is supplemented by a paragraph worded as follows: ' by way of derogation from paragraph 1, the parent who is unworthy to one of his children is not entitled to the enjoyment of the child's property. ''
S. 8. article 727 of the Code, as amended by the Act of 23 January 2003, is replaced by the following: «art.» 727 § 1.
Is unworthy of inheriting, and, as such, excluded from succession: 1 ° that is recognized guilty to have, as 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, 393-397, 401, 404 and 409, § 4, of the penal Code, as well as that which is recognized guilty of attempting to commit such a;
2 ° who is declared unworthy because he has committed or attempted to commit an omission referred to in 1 °, but who, because he died meanwhile was not convicted for this fact;
3 ° who is declared unworthy because it was recognized guilty of committing, as author, co-author or accomplice, on the person of the deceased a such fact as referred to in articles 375, 398-400, 402, 403, 405, 409, §§ 1 to 3 and 5, and 422bis of the penal Code.
§ 2. Referred indignity to the § 1, 1 °, is a civil penalty that produces its effects by merely for the successor to have been recognized guilty.
Referred indignity to the § 1, 2 °, is a civil penalty imposed by the Court at the request of the Prosecutor of the King.
Referred indignity to the § 1, 3 °, is a civil sanction that can pronounce the penal judge who recognizes the successor guilty of committing one of the acts referred to therein. The criminal judge can also decide this civil penalty against a person that it recognized guilty of attempting to commit such a fact. ».
S. 9. article 728 of the same Code is replaced by the following: «art.» 728. the indignity is thrown in the cases provided for in article 727, § 1, 3 °, if the deceased has forgiven the facts to their author, co-author or accomplice. Forgiveness can be granted in writing by the deceased, established after the fact and in the forms required for a testament.
».
S. 10. article 729 of the Code is replaced by the following: «art.» 729. the successor excluded from succession for cause of unworthiness shall be deemed to have never had no right in succession, without prejudice however rights of third parties acting in good faith.
It unworthy is to make the fruits and income which he had the enjoyment since the opening of the succession.
The part of him unworthy benefit to his descendants, if the substitution takes place. otherwise, its share increases that other successors of its degree. If it unworthy is only to the degree it is devolved to the subsequent degree, or in the following order, as the case may be. ».
S. 11. article 730 of the same Code is replaced by the following: «art.» 730. the children of him unworthy are not excluded from the succession to the fault of their parent; they can come to the estate by striking out.
Unworthy it has no right of legal enjoyment in assets inherited by her children as a result of his unworthiness and cannot inherit these properties either directly or indirectly.
If goods collected by the child of an unworthy are found in nature in the estate of the child to death, it unworthy is excluded from the succession in relation to these goods. If they are found in nature in this sequence, it unworthy is excluded from up to their value, except and to the extent where these goods were consumed, and therefore their value is more in the succession.
The value of these assets is determined at the point where the child collected. ».
S. 12. in article 734 of the Code, the word "representation" is replaced by the word "substitution".
S.
13. the title of Book III, title Ier, chapter III, section 2, of the Code, is replaced by the following: 'Section 2. The substitution.
S. 14. article 739 of the Code is replaced by the following: «art.» 739. the substitution allows the descendants of a successor to take his place in the succession, and is being called to its degree.
The substitution takes place according to the rules mentioned below, in the event of predecease, simultaneous death, renunciation and indignity of a successor. ».
S. 15 article 740 of the same Code, the following changes are made: 1 ° in the paragraph 1, the word "representation" is replaced by the word "substitution";
2 ° paragraph (2) is repealed.
S. 16 article 741 of the same Code, the following changes are made: 1 ° in the paragraph 1, the word "representation" is replaced by the word "substitution";
2 ° article is supplemented by a paragraph worded as follows: ' substitution has no place either for the descendants of the spouse or cohabitant legal. ''
S. 17. article 742 of the Code, replaced by the law of October 11, 1919, is replaced by the following: «art.» 742. online collateral, the substitution takes place in favour of the descendants of brothers and sisters, uncles and aunts of the deceased. ».
S.
18. article 743 of the Code is replaced by the following: «art.» 743. the substitution takes place even when none of the successors to the same degree comes to the estate, either because they died before or at the same time as the deceased, or because they have renounced or they are unworthy.
It takes place, although descendants lie in equal or unequal degrees.
In all cases of substitution, the sharing is carried out by strain. If a same strain has produced several branches, subdivision is also done by strain in each branch, and members of the same branch share per head. ».
S. 19 section 744 of the same Code, as amended by the laws of the 15 December 1949 and September 19, 1977, the following changes are made: 1 ° paragraphs 1 and 3 are repealed;
2 ° in paragraph 2, the word "representation" is replaced by the word "substitution".
S. 20. in article 745, paragraph 2, of the same Code, the word "representation" is replaced by the word "substitution".
S. 21. in article 749 of the Code, as amended by the Act of 14 May 1981, the words "or their representatives" shall be replaced by the words "or those who replace them.
S. 22. in article 750, paragraph 2, of the same Code, the word "representation" is replaced by the word "substitution".
S. 23. in section 751 of the Code, the words "or their representatives" shall be replaced by the words "or those who replace them.
S.
24. in article 753, paragraph 2, of the same Code, amended by the law of October 11, 1919, the word 'representation' is replaced by the word "substitution".
S. 25. in article 755, paragraph 2, of the same Code, the word "representation" is replaced by the word "substitution".
S. 26. article 786 of the Code is replaced by the following: «art.» 786. the share of forgoing benefits to his descendants, if the substitution takes place. otherwise, its share increases that other successors of its degree. If waiving it is only to the degree it is devolved to the subsequent degree, or in the following order, as the case may be. ».
S. 27. article 787 of the Code is repealed.
S. 28. article 845 of the Code is replaced by the following: «art.» 845. the heir who comes to the estate of his head is required to report only what he himself has received from the deceased, and not what has been his father or his mother, he does not report more received her child or her descendant. ».
S.
29. article 847 of the Code is replaced by the following: «art.» 847. the descendants that come to the estate by striking out are however required to report donations they have received from the deceased, unless they have been excused in this succession. They are also required to report, increasingly taking, the gifts received from the deceased by the person that they override, unless it has been provided by report. ».
S. 30. article 848 of the Code is

replaced by the following: «art.» 848. the successor who renounces the succession may, if there's no descendants replacing him, remember the gift inter vivos or claim the legacy which has been consented to it, up to a maximum of the available portion.
The successor unworthy successor who is a no descendants replacing him, can retain the gift inter vivos or claim the legacy which has been consented to it, only to the extent of the available portion and as far as this liberality is not revoked. ».
S. 31. in article 914 of the same Code, the words "that they represent" are replaced by the words "which they replace.
S. 32. in section 953 of the Code, the words «, for cause of ingratitude, and cause of occurrence of children» are replaced by the words "and for cause of ingratitude.
S. 33. in article 957 of the same Code, the following changes are made: a) paragraph 2 is replaced by the following: 'the donor may request revocation against the donee, and, after his death, against his heirs.';
(b) article is supplemented by a paragraph worded as follows: "the heirs of the donor may request the revocation only if: 1 ° the donor had already commenced the action;
2 ° the donor died in the year after either the day of the crime, or agenda where it was able to know the crime; Inheritors must then bring an action within one year after either the day of the offence, or the day where the donor was able to know the crime;
3 ° the contributor died without being able to know the crime; Inheritors must then bring an action within one year after either the day of the death, the day where they were able to know the crime either the day where they were able to know about the donation. ».
S. 34. article 1046 of the same Code is supplemented by a paragraph worded as follows: ' the heirs may request revocation for cause of ingratitude that if: 1 ° the testator died in the year after either the day of the crime, or agenda where it was able to know the crime; Inheritors must then bring an action within one year after either the day of the offence, or the day where the testator was able to know the crime;
2 ° the testator died without that he could know the offence; Inheritors must then bring an action within one year after either the day of the death, the day where they were able to know the crime either the day where they were able to know the legacy. ».
S. 35. article 1047 of the Code is supplemented by the following: "or the day where the heirs were able to know the crime.".
S. 36. in article 1051 of the same Code, the word "representation" is replaced by the word "substitution".
S. 37. article 1093 of the same Code is supplemented by a paragraph worded as follows: 'such a donation may be revoked for cause of ingratitude, as provided for in article 955 and article 1047 regarding the donation of things to come.'.
S. 38. article 1429 of the same Code, replaced by the law of July 14, 1976 and amended by the law of 27 April 2007, is replaced by the following: «art.»
1429. the dissolution of the legal regime operated by the separation of judicial property or the conventional adoption of a another matrimonial causes the lapse of survival rights are granted as marital benefits. The benefit of a contractual institution is however maintained, unless the spouses agree otherwise. ».
S. 39. in the same Code, it is inserted an article 1429bis as follows: «art.» 1429bis. § 1. If the surviving spouse is unworthy to inherit from the deceased spouse, it loses all benefits that result from the mode of composition, operation, liquidation or sharing of the common heritage. It however retains the right to half of the acquests, unless the marriage contract assigns a lower part, that in this case it keeps.
§ 2. The unworthiness to inherit provisions apply by analogy the unworthiness to collect or maintain a double advantage. It is so even if the surviving spouse is excluded from the estate of the deceased spouse, either by the effect of a disinheritance clause, or by virtue of a decision of exclusion or deprivation of his inheritance.
».
S. 40. article 1459 of the same Code, as amended by the law of April 27, 2007, is repealed.
S.
41. article 1477, § 5, of the same Code, inserted by the Act of 28 March 2007, is supplemented by a paragraph as follows: "this obligation is void with respect to the unworthy to inherit child of cohabiting legal predeceased.» Judge suspends its pronouncement until decision causing unworthiness is passed into res judicata. ».
CHAPTER 3. -Changes of the Code penal Art.
42. article 46 of the penal Code, repealed by Act of 31 January 1980, was re-established in the following wording: «art.» 46. the Court or tribunal which recognizes committed one of the offences referred to in articles 375, 398 at 400, 402, 403, 405, 409, §§ 1 to 3 and 5, 422bis, a person likely to be called as legal in the estate of the deceased heir, may also pronounce the unworthiness to inherit the author, co-author or accomplice, which will therefore be excluded from the estate of the victim. ».
S. 43. article 99, paragraph 2, of the same Code, repealed by the law of December 21, 2009, was re-established in the following wording: "the unworthiness to inherit, imposed by the judge on the basis of section 46, is imprescriptible. It can be thrown by the pardon, granted by the victim pursuant to section 728 of the civil Code. ».
CHAPTER 4. -Modification of Code judiciary art. 44. article 569, 3 °, of the Judicial Code, repealed by the law of March 27, 2001, is restored in the following wording: «3 ° of applications for a declaration of unworthiness to inherit under article 727 § 1, 2 °, of the civil Code;
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, December 10, 2012.
ALBERT by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Note (1) see: Records of the Senate 5 - 550 - 2010/2011: No. 1: proposal of Mrs Taelman, Stevens and Defraigne and Mr Torfs, Swennen and Delpérée Act.
5 - 550 - 2011/2012: our 2 to 7: amendments.
No. 8: report.
No. 9: Text adopted by the commission.
No. 10: amendments.
No. 11: report.
No. 12: Text adopted by the commission.
No. 13: Text adopted in plenary meeting and transmitted to the House of representatives.
Annals of the Senate: July 19, 2012 records of the House of representatives 53 2388 / (2011/2012): No. 1: draft transmitted by the Senate.
No. 2: report.
No. 3: Text corrected by the commission.
No. 4: Text adopted in plenary meeting and submitted to Royal assent.
Full record: 28-29 November 2012.