An Act To Amend The Civil Code And The Judicial Code To Simplify The Rules Governing Civil Trial (1)

Original Language Title: Loi modifiant le Code civil et le Code judiciaire en vue de simplifier les règles qui gouvernent le procès civil (1)

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belgiquelex.be - Carrefour Bank of Legislation

16 JULY 2012. - An Act to amend the Civil Code and the Judicial Code with a view to simplifying the rules governing civil proceedings (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. - Amendment of the Civil Code
Art. 2. In section 2247 of the Civil Code, as amended by the Act of 15 December 1949, the sentence "If the summons is null by default of form," is repealed.
CHAPTER 3. - Amendments to the Judicial Code
Art. 3. In Article 730, § 2, of the Judicial Code, replaced by the Act of 25 November 1993, the following amendments are made:
1° in (a), paragraph 2, the sentence "This is referred to in the hearing sheet. is repealed;
2° in b), the words "the role of hearings" are each time supplemented by the words "or the general role".
Art. 4. In the fourth part, Book II, Title III, Chapter VIII, of the same Code, is inserted a Vbis section, entitled "Production of attestations".
Art. 5. In section Vbis inserted by section 4, an article 961/1 is inserted as follows:
"Art. 961/1. When the testimonial evidence is admissible, the judge may receive thirds of the statements, in the form of an attestation, to clarify the contentious facts of which they are personally aware. »
Art. 6. In the same section Vbis, an article 961/2 is inserted as follows:
"Art. 961/2. The certificates are issued by the parties or at the request of the judge. The judge shall communicate to the parties those directly addressed to him.
Certificates must be issued by persons who meet the requirements for hearing as a witness.
The certificate contains the relationship of the facts to which the author attended or personally found.
The certificate mentions the names, names, date and place of birth, domicile and occupation of the author and, where appropriate, his relationship as a parent or alliance with the parties, subordination to them, collaboration or community of interest with them.
The attestation further states that it is established for its production in court and that the author is aware that a false statement on his part exposes it to criminal sanctions.
The certificate is written, dated and signed by the author. It must attach, in original or photocopy, any official document justifying its identity and bearing its signature. »
Art. 7. In the same section Vbis, an article 961/3 is inserted as follows:
"Art. 961/3. The judge may always proceed to the hearing of the author of the certificate. »
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 16 July 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) Special Session 2010.
House of Representatives.
Documents. - Bill by Mr. Brotcorne, 53-75 - No. 1.
Session 2011-2012.
House of Representatives.
Documents. - Amendments, 53-75 - No. 2. - Report, 53-75 - No. 3. Text adopted by the commission, 53-75 - No. 4. - Text adopted in plenary and transmitted to the Senate, 53-75 - No. 5.
Full report. - 21 June 2012.
Senate.
Documents. - Project not referred to by the Senate, 5-1676 - No. 1.