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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Posted the: 2012-08-03 Numac: 2012009317 FEDERAL JUSTICE PUBLIC SERVICE 16 July 2012. -Act to amend the civil Code and the Judicial Code to simplify the rules governing civil trial (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. -Modification du Code civil art.
2. in section 2247 of the civil Code, as amended by the law of December 15, 1949, the sentence "If the assignment is null by default form," is repealed.
CHAPTER 3. -Changes of Code judiciary art.
(3A article 730, § 2, of the Judicial Code, replaced by the Act of 25 November 1993, the following changes are made: 1 ° in the a), paragraph 2, the phrase "in mentioned leaf hearing." is repealed;
2 ° in b), the words "the role of the hearings" are each time completed by the words "or the general role.
S. 4. in part IV, book II, title III, Chapter VIII, of the same Code, there shall be inserted a section Vbis, entitled 'the production of certificates '.
S. 5. in section Vbis inserted by article 4, it is inserted an article 961/1 as follows: «art.» 961/1. Where testimonial evidence is admissible, the judge may receive third-party statements, in the form of attestation, likely to enlighten on the disputed facts which they are personally aware. » Art. 6. in the same section Vbis, inserted a section 961/2 as follows: «art.» 961/2. The certificates are produced by the parties or at the request of the judge. The judge shall provide the parties which are directly addressed to him.
The certificates must be established by persons who meet the requirements to be heard as a witness.
The certificate must contain the account of events attended by its author or that he personally identified.
The certificate mentions names, first names, date and place of birth, home and profession of its author as well as, there is place, its link of kinship or alliance with the parties, subordination in their regard, collaboration or community of interest with them.
The certificate also indicates that it is established for its production in justice and that its author has knowledge that a false statement on his part exposed to criminal penalties.
The certificate is written, dated and signed by the author.
It must be attached in original or photocopy, any official document justifying of its identity and with his signature. » Art. 7. in the same section Vbis, inserted an article 961/3 read as follows: «art.» 961/3. The judge may still proceed with the hearing of the author of the attestation. "Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, 16 July 2012.
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 _ Note (1) Special Session 2010.
House of representatives.
Documents. -Law of Mr. Brotcorne, 53-75-No.1 proposal.
Session 2011-2012.
House of representatives.
-Amendments 53-75 - No. 2. -Report, 53-75 - No. 3. Text adopted by the commission, 53-75-No. 4.
-Text adopted in plenary meeting and transmitted to the Senate, 53-75 - No. 5.
Compte rendu intégral.
-21 June 2012.
Documents. -Project not mentioned by the Senate, 5-1676 - No. 1.