13 DECEMBER 2005. - Act respecting various provisions relating to time limits, adversarial request and the collective settlement procedure (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - Introductory provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Timeliness
Art. 2. It is included in Part I, Chapter VIII, of the Judicial Code, an article 53 bis, which reads as follows:
"Art. 53bis. With respect to the recipient, and unless otherwise provided by law, the deadlines that begin to run from a paper notification are calculated from:
1° where the notification is made by judicial fold or by registered mail with acknowledgement of receipt, on the first day after the day on which the fold was submitted to the addressee's home, or, where applicable, to his residence or his or her elected home;
2° where the notification is made by a recommended fold or by a simple fold, from the third business day following the one where the fold was handed over to the services of the post, unless otherwise proved by the recipient. »
CHAPTER III. - Amendment of Article 764 of the Judicial Code
Art. 3. In section 764, paragraph 1^er, 10°, of the same Code, replaced by the law of 25 February 2003, the words "and 12°, 580, 581" are replaced by the words "and 13°, 580, 2°, 3°, 6° to 18°, 581, 2°, 3°, 9° and 10°".
CHAPTER IV. - Confrontation of labour courts
Art. 4. Section 704 of the Code, as amended by the Acts of 30 June 1971, 22 December 1977, 3 August 1992 and 23 November 1998, is replaced by the following provision:
"Art. 704. § 1^er. In front of the Labour Court the main requests may be filed by an adversarial request, in accordance with articles 1034bis to 1034sexies, without prejudice to the specific rules applicable to voluntary appearances, unilateral application procedures, and procedures specially governed by legal provisions that have not been explicitly repealed.
§ 2. In the substances listed in articles 508/16, 580, 2°, 3°, 6°, 7°, 8°, 9°, 10° and 11°, 581, 2°, 582, 1° and 2°, and 583, the applications are submitted by a written request, filed or addressed, under recommended fold, to the office of the labour court; the parties shall be summoned by the court to appear at the hearing established by the judge. The summons specifies the purpose of the application.
The provisions of § 1^er and Part IV, Book II, title Vbis, including articles 1034bis to 1034sexies, are not applicable.
§ 3. In the materials listed in section 578, the employer may be cited or summoned by an adversarial request to the mine, factory, workshop, shop, office and, in general, to the place assigned to the operation of the enterprise, to the exercise of the profession by the worker or to the activity of the company, association or group.
In this case, the summons or the judicial fold may be handed over to an employer or to one of its employees.
§ 4. In the materials listed in this article, the opposition may also be introduced, as appropriate, in the forms referred to in §§ 1^er or 2. »
Art. 5. In article 792 of the same Code, amended by the laws of 12 January 1993 and 12 July 1994, the words "paragraph 1^er are replaced by the words "§ 2".
Art. 6. Section 1034quater of the same Code, inserted by the Act of 3 August 1992, is amended as follows:
1° to paragraph 1^er, the words "persons" are replaced by the words "or an extract from the national register of natural persons";
2° in paragraph 2, the words "or the extract of the national register" are inserted between the words "certificate" and "ne".
CHAPTER V. - Collective debt settlement
Art. 7. In section 1675/7 of the same Code, inserted by the Act of 5 July 1998, the following amendments are made:
1° § 1^er is completed by the following paragraph:
"The effect of assignments of receivables is suspended until the end, the rejection or revocation of the settlement plan. Similarly, and except in the event of real estate, the effect of security rights and privileges is suspended until the end, rejection or revocation of the plan. »;
2° § 2 is supplemented by the following paragraphs:
"In respect of any person who has consented to a personal security right to guarantee a debtor's debt, the execution routes are suspended until the amicable plan is registered, until the minutes referred to in 1675/11, § 1^er, or until the plan is rejected.
In respect of persons who made the declaration referred to in article 1675/16bis, § 2, the executions shall be suspended until the judge has ruled on the discharge. »
Art. 8. Article 1675/8, paragraph 2, of the same Code, inserted by the same law and partially annulled by Decision No. 46/2000 of 3 May 2000, is replaced by the following provision:
"When the debt ombudsman considers it necessary to collect additional information on the applicant's heritage situation, he or she may request that third parties subject to professional secrecy or duty of discretion be disbanded and that they be ordered to provide the requested information, except for them to make their submissions to the judge in writing or in board.
If necessary, upon receipt of the request of the mediator, the judge shall inform the ordinal or disciplinary authority of which the third party depends. The court shall have a period of thirty days to notify the judge of the request of the mediator. In the absence of an opinion, the opinion is presumed favourable. If the judge deviates from the opinion, he specifies the reasons in his decision. »
Art. 9. In section 1675/9 of the same Code, inserted by the same Act, the following amendments are made:
1° § 1^er, 1°, is replaced by the following text:
"1° to the applicant and his or her spouse or legal cohabitant, including the text of section 1675/7, and, where applicable, to his or her counsel";
2° § 1^erParagraph 2, is repealed;
3° the article is supplemented by a § 3, written as follows:
“§3. If a creditor does not make a claim within the period referred to in § 2, paragraph 1^er, the debt ombudsman informs him by registered letter to the post with acknowledgement of receipt, that he has a last 15 days, from the receipt of this letter, to make this statement. If the statement is not made within that time limit, the creditor concerned shall be deemed to waive his debt. In this case, the creditor loses the right to act against the debtor and the persons who constituted a personal security for him. He recovers this right in the event of rejection or revocation of the plan.
The text of this section is printed on the letter referred to in paragraph 1^er.
4° the article is supplemented by a § 4, written as follows:
“§4. The debt mediator collects on the amounts he receives under § 1^er, 4°, a toll that is made available to the applicant and is at least equal to the amount protected under articles 1409 to 1412. However, from the applicant's written agreement, this toll can be reduced without being less than the amounts referred to in section 14 of the Act of 26 May 2002 concerning the right to social integration. »
Art. 10. In section 1675/10 of the same Code, inserted by the same Act, the following amendments are made:
1° § 1^er is completed by the following paragraph:
"He consults without delay, in accordance with the terms fixed by the King, the data recorded on behalf of the debtor in the Central of Credits to the individuals of the National Bank of Belgium. »;
2° it is inserted a § 3bis, written as follows:
§ 3bis. Any creditor, public or private, may grant a total or partial debt remission to the claimant, regardless of the nature of the debt.
Specifically:
1° officials responsible for the collection of tax claims and designated by the competent authorities are authorized to accept, in the context of a friendly settlement plan, a total or partial remission of tax debts in principal and incidental;
2° Social contribution collection organizations and social benefits granting agencies are allowed to accept, under a friendly settlement plan, a total or partial rebate of the amounts due to them when this rebate is proposed by the debt mediator, provided that the conditions referred to in Article 31bis of the Act of 29 June 1981 establishing the general principles of social security of workers in the employee are met;
3° Social insurance funds are allowed to accept, as part of a friendly settlement plan, a total or partial remission of debts related to arrears of social contributions. The King determines the terms and conditions of the procedure to be followed by social insurance funds. »;
4° § 4, paragraph 1^er, is supplemented by the following sentence:
"The mediator shall ensure, in this plan, the priority reimbursement of debts that endanger the respect for the human dignity of the complainant and his family. »
Art. 11. In Article 1675/11, § 1^erParagraph 1^er, from the same Code, inserted by the same law, the words "in the four months" are replaced by the words "in the six months".
Art. 12. In section 1675/12 of the same Code, inserted by the same Act, the following amendments are made:
1° § 1^er, 3°, is repealed.
2° § 2, paragraph 1^er, is completed as follows:
"Section 51 is not an application unless the debtor requests the application in an express and motivated manner, with a view to safeguarding certain elements of his heritage and in order to ensure respect for the human dignity of the debtor. The judge shall decide on this application, by a specially reasoned decision, if any, in the decision by which he or she grants the judicial settlement plan. »;
3° § 4 is replaced by the following provision:
“§4. In accordance with section 1675/3, paragraph 3, the judge may, when setting the plan, waive sections 1409 to 1412 by specially reasoned decision, without the income available to the applicant being less than the amounts provided for in section 14 of the law of 26 May 2002 concerning the right to social integration. »;
4° the article is supplemented by a § 5, which reads as follows:
“§ 5. The judge must ensure the priority reimbursement of debts that jeopardize the human dignity of the complainant and his family. »
Art. 13. In section 1675/13 of the same Code, inserted by the same Act, the following amendments are made:
1° in § 1^erParagraph 1^erthe words "in accordance with the rules of enforced executions" are deleted;
2° § 5 is replaced as follows:
“§ 5. In accordance with section 1675/3, paragraph 3, the judge may, when setting the plan, waive sections 1409 to 1412 by specially reasoned decision, without the income available to the applicant being less than the amounts provided for in section 14 of the law of 26 May 2002 concerning the right to social integration. »;
3° the article is supplemented by § 6, which reads as follows:
“§ 6. When establishing the plan, the judge must ensure that debts are reimbursed as a matter of priority that jeopardize the human dignity of the applicant and his family. »
Art. 14. It is inserted in Part 5, Part IV, Chapter I, of the Judicial Code, a section 4bis, containing an article 1675/13bis, and read as follows:
"Section 4bis. - Total debt remission
Art. 1675/13bis. § 1^er. If it appears that no amicable or judicial plan is possible because of the insufficiency of the applicant's resources, the mediator shall record this finding in the minutes referred to in 1675/11, § 1^er, with a reasoned proposal justifying the granting of a total remission of debts and any measures it should, in its opinion, be accompanied.
§ 2. The judge may, in such cases, grant the full surrender of debts without a settlement plan and without prejudice to the application of Article 1675/13, §§ 1^erParagraph 1^er, first shot, 3 and 4.
§ 3. This decision may be accompanied by accompanying measures, the duration of which may not exceed five years.
Section 51 is not applicable.
§ 4. Debt remittance is acquired, unless returned to better fortune within five years of the decision.
§ 5. The decision may be revoked for five years, under the conditions referred to in section 1675/15. »
Art. 15. In article 1675/14, § 2, of the same Code, inserted by the same law, the following amendments are made:
1° in paragraph 1^er, the words "of the judge of seizures" are replaced by the words "of the labour court";
2° Paragraph 3 is replaced by the following paragraph:
"If difficulties hinder the development or execution of the plan or if new developments occur in the plan setting phase or justify the adaptation or revision of the plan, the debt mediator, the labour auditor, the debtor or any interested creditor shall bring the case to the judge by means of a written statement filed or addressed to the Registry. »
Art. 16. Article 1675/14bis, as follows, is inserted in the same Code:
"Art. 1675/14bis. § 1^er. Where, in the course of the development or execution of the plan, movable or immovable property shall be carried out, on the basis of Article 1675/7, § 3, or on the basis of the amicable or judicial settlement plan, the sale, public or voluntary, shall take place in accordance with the rules of forced execution without the prior meaning of a command or seizure.
§ 2. The sale of the immovable property takes full delegation of the price to the creditors.
§ 3. Subject to other terms, the governing ministerial officer shall pay, after payment of mortgage creditors and special privileged creditors, the price and its accessories to the debt mediator.
This payment is free of charge when it is made by the departmental officer to the debt mediator, as is the payment made by the adjudicator in accordance with section 1641. »
Art. 17. In article 1675/15 of the same Code, inserted by the same law, § 1^erParagraph 1^er, 2°, is replaced by the following provision:
"2° does not comply with its obligations, without any new facts justifying the adaptation or revision of the plan. »
Art. 18. In section 1675/16 of the same Code, inserted by the same Act, the following amendments are made:
1° paragraph 3 is replaced by the following paragraph:
"With respect to the admissibility decision referred to in 1675/6 and without, in this case, section 1122, paragraph 2, 3, being invoked, these decisions are not subject to third-party opposition. »
2° the article is supplemented by the following paragraph:
"Notice of decisions referred to in paragraph 1^er It's worth meaning. »
Art. 19. An article 1675/16 bis, as follows, is included in Part IV, Part IV, Chapter 1^erSection 5 of the same Code:
"Art. 1675/16bis. § 1^er. Without prejudice to the application of section 1287 of the Civil Code, and except in the event of a fraudulent insolvency organization, natural persons who, on a free basis, have made personal security of the applicant may be discharged in whole or in part of their undertaking if the judge finds that their obligation is disproportionate to their income and assets.
§ 2. To benefit from the discharge referred to in § 1^er, the natural person who has constituted himself as a free personal security of the applicant, shall file with the Registry of the jurisdiction seized of the application for collective payment of debt a statement attesting that his obligation is disproportionate to his income and his or her heritage.
For this purpose, the person shall be notified by the debt mediator, as soon as it is known, by registered mail with acknowledgement of receipt, of the possibility of making the declaration referred to in paragraph 1^er. This warning reiterates the text of this article.
§ 3. The declaration referred to in § 2 refers to the identity of the person, his profession and his domicile.
The person attached to his or her statement:
1st copy of his last tax return;
2° the survey of all the assets or liabilities that make up its heritage;
3° any other piece of equipment to accurately determine the state of its resources and the expenses that are its own.
The statement is filed on the debt collective settlement file.
If the statement or its annexes are incomplete, the judge shall invite the person within eight days to provide the required clarification or to file the required documents.
§ 4. The judge shall rule on the discharge of the person who made the declaration referred to in § 2 when making the decision by which he or she approves an amicable settlement plan or orders a judicial settlement plan.
It may also rule by a subsequent decision, if the treatment of this issue is likely to delay the judgment of the claim for collective debt settlement.
In any event, the judge first hears the complainant, the person who made the declaration referred to in § 2 and the creditors concerned, who are summoned by judicial fold.
§ 5. If the person for whom the person referred to in § 1^er constituted personal security is in the conditions for filing a claim for collective debt settlement but refrains from doing so, the discharge may also be sought from the competent judge in respect of collective debt settlement.
The application is directed against the principal debtor and the creditor of the obligation guaranteed by the person referred to in § 1^er.
The discharge is granted if the judge finds that the obligation of the person referred to in § 1^er is disproportionate to its income and heritage.
In support of the applicant's application, the applicant shall file, as soon as the applicant exceeds:
1st copy of his last tax return;
2° the survey of all the assets or liabilities that make up its heritage;
3° any other piece of equipment to accurately determine the state of its resources and the expenses that are its own.
The introduction of the application suspends the dependant enforcement of the person who has constituted a personal security right for the benefit of the principal debtor, until a decision taken in force of a finding is made on the application. »
Art. 20. Article 1675/17, § 2, paragraph 2, of the same Code, inserted by the same law, is supplemented by the following sentence:
"By derogation from article 971, last paragraph, the judge shall designate a new debt mediator in the judgment granting the recusal. »
Art. 21. Section 1675/19 of the same Code, inserted by the same Act, is supplemented by the following paragraph:
"If applicable and upon request of the debt mediator, the judge decides which part of the fees, emoluments and expenses the debt mediator may charge the Debt Treatment Fund. »
CHAPTER VI. - Amendment of the Act of 5 July 1998 relating to the collective settlement of debts and the possibility of the sale of immovable property seized
Art. 22. In the title of Chapter V of the Act of 5 July 1998 on the collective settlement of debts and the possibility of the sale of the seized real property, the words "Central Data Bank" are replaced by the words "Central Credits to Individuals".
Art. 23. The following amendments are made to section 19 of the Act:
1° to § 1^er, the words "who must be registered in the central data bank of the National Bank of Belgium, as well as the persons required to transmit these data to the said central bank" are replaced by the words "who must be registered in the Central Credits to the individuals of the National Bank of Belgium, as well as the persons required to transmit these data to the said Central Credits";
2° to § 2, paragraph 1^er, the words ", as well as the debt ombudsman who, in accordance with the collective debt settlement procedure referred to in articles 1675/2 to 1675/19 of the Judicial Code, has been designated by the judge, provided that this consultation concerns only the debtor for which he acts as a debt ombudsman" are deleted;
3° in §§ 4 and 6, the words "Central Data Bank" are replaced by the words "Central Credits to Individuals".
Art. 24. In section 20 of the Act, as amended by the Act of 19 April 2002, the following amendments are made:
1° § 3, paragraph 1^er, is completed as follows:
"4° the payment of the portion of the fees, emoluments and expenses of the debt mediators fixed by the judge in accordance with Article 1675/19, paragraph 4, of the Judicial Code. »;
2° § 4 is completed as follows:
"In the case referred to in article 1675/19, paragraph 4, of the Judicial Code, the mediator shall transmit to the Fund a copy of the judge's decision. »
CHAPTER VII. - Modification of the table annexed to the Organic Law
of 27 December 1990
Art. 25. In the table annexed to the Organic Law of 27 December 1990 creating budgetary funds, in the sub-rubric "32-8 Debt Relief Fund", as amended by the Act of 19 April 2002, the words "Payment of the balance of fees, emoluments and expenses of the debt mediators determined by the judge in accordance with Article 1675/19, paragraph 4, of the Judicial Code" are inserted between the words " nature of authorized expenses" and the words "Payment of unpaid balances".
CHAPTER VIII. - Amendment of the Act of 29 May 2000 establishing a central file of notices of seizure, delegation, assignment and collective settlement of debts and amending certain provisions of the Judicial Code
Art. 26. Section 2 of the Act of 29 May 2000 establishing a central file of notices of seizure, delegation, assignment and collective settlement of debts and amending certain provisions of the Judicial Code, as amended by the Act of 27 March 2003, are amended as follows:
1° in Article 1390quater, § 1^er, 4°, of the Judicial Code, the words "the judge of seizures" are replaced by the words "the labour court";
2° in Article 1391, § 1^er, paragraph 4, of the Judicial Code, the words ", judges in the labour court" are inserted between the words "The judges of the seizures" and the words "and the clerks".
Art. 27. Section 26 of the Act is replaced by the following provision:
“Art. 26. Article 1675/10 of the same Code, § 1^er is replaced by the following provision:
« § 1^er. The debt mediator shall, in accordance with Article 1391, hear notices of seizure, delegation, assignment and collective settlement of debts established on behalf of the debtor.
He consults without delay, in accordance with the terms fixed by the King, the data recorded on behalf of the debtor in the Central of Credits to the individuals of the National Bank of Belgium. »
CHAPTER IX. - Amendment of the Act of 29 June 1981
establishing general principles of social security for wage workers
Art. 28. An article 31bis, as follows, is included in chapter III of the Act of 29 June 1981 establishing the general principles of social security for wage workers:
"Art. 31bis. § 1^er. Pursuant to Article 1675/10 of the Judicial Code, social contribution collection agencies and social benefits granting agencies are allowed to accept a total or partial rebate of the amounts due to them when this rebate is proposed by a debt mediator in a plan of amicable settlement of debts, provided for in Part V of the Judicial Code, provided that the conditions laid down by the King are met at the time the mediator of debts.
§ 2. The King shall determine, after notice of the National Labour Council, and no later than 1^er January 2007:
1° the following concepts: "Social Contribution Collection Organizations", "Social Benefits Organizations", "Social Contributions" and "Amounts";
2° the competent body, within the bodies referred to in 1°, to accept the proposal of the waiver referred to in § 1^er;
3° the conditions referred to in § 1^er.
CHAPTER X. - Amendment of the Act of 15 June 1935
concerning the use of languages in judicial matters
Art. 29. Section 38 of the Act of 15 June 1935 concerning the use of languages in judicial matters, as amended by the Act of 23 September 1985, is supplemented by the following paragraph:
“By derogation from subparagraphs 1^er at 5, the notification referred to in Article 1675/9 of the Judicial Code shall notify the recipient that he may require a translation of the contents of the consignment and subsequent acts and decisions, provided that he makes the request to the Registry, as soon as he is due in the month of the notification and by registered letter to the post with acknowledgement of receipt, by means of a form whose model shall be established by the King. However, a creditor cannot request that translation if the contract that gave birth to the debt was entered into in the language of the proceedings. »
CHAPTER XI. - Amendment of the Act of 9 August 1963
and organizing a mandatory health care and allowance insurance plan
Art. 30. In article 34ter, § 4, paragraph 2, of the Act of 9 August 1963 establishing and organizing a compulsory health care and allowances insurance scheme, as amended by the Act of 15 February 1993, the words "first paragraph" are replaced by the words "§ 2".
Art. 31. In section 97, paragraph 3, of the Act, amended by Royal Decree No. 533 of 31 March 1987, the words "paragraph 1^er are replaced by the words "§ 2".
CHAPTER XII. - Amendment of the Compulsory Health Care Insurance Act and Coordinated Allowance on July 14, 1994
Art. 32. In article 52, paragraph 3, paragraph 2, of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, the words "paragraph 1^er are replaced by the words "§ 2".
Art. 33. In section 164, paragraph 3, of the Act, amended by the Act of 14 January 2002, the words "704, paragraph 1^er are replaced by the words "704, §2.
CHAPTER XIII. - Entry into force
Art. 34. The King sets the effective date of articles 4, 5, 6, 10, 2°, 28 and 29.
Sections 4, 5 and 6 come into force no later than 1^er September 2007.
Articles 10, 2°, and 28 come into force no later than 1^er January 2007.
Section 29 comes into force no later than 1^er September 2006.
Given in Brussels on 13 December 2005.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINX
Minister of Finance,
D. REYNDERS
Minister of Budget
Ms. F. VAN DEN BOSSCHE
Minister of Economy, Energy, Foreign Trade
and the Science Policy,
Mr. VERWILGHEN
Minister of Social Affairs and Public Health,
R. DEMOTTE
Minister of Average Class,
Mrs. S. LARUELLE
Minister of Pensions,
B. TOBBACK
Minister of Employment,
P. VANVELTHOVEN
The Secretary of State for Sustainable Development,
Ms. E. VAN WEERT
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) Session 2003-2004.
House of Representatives.
Documents. - Bill, 51-1309, No. 1.
Session 2004-2005.
House of Representatives.
Documents. - Opinion of the Superior Council of Justice, 51-1309, No. 2. - Amendments, 51-1309, No.^s 3 to 11. - Report, 51-1309, No. 12. - Text adopted by the Commission, 51-1309, No. 13. - Amendment, 51-1309, No. 14. - Text adopted in plenary and transmitted to the Senate, 51-1309, No. 15.
Report integral. - 26 May 2005.
Session 2005-2006.
House of Representatives.
Documents. - Draft amended by the Senate, 51-1309, No. 16. - Report, 51-1309, No. 17. - Text adopted in plenary and subject to Royal Assent, 51-1309, No. 18.
Report integral. - 24 November 2005.
Session 2004-2005.
Senate.
Documents. - Project referred to by the Senate, 3-1207, No. 1. - Amendments, 3-1207, No. 2.
Session 2005-2006.
Senate.
Documents. - Report, 3-1207, No. 3. - Text amended by the Commission, 3-1210, No. 4. - Text amended by the Senatey and referred to the House of Representatives, 3-1210, No. 5.
Annales. - 20-27 October 2005.