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27 MARCH 2003. - An Act to amend 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 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. 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 are amended as follows:
(a) in section 1389bis, paragraph 2, of the Judicial Code, the words "by the General Council of the National Bar Association" are replaced by the words "by the Order van Vlaamse Balies, of a lawyer designated by the Order of Francophone and German-speaking Bars";
(b) in the opening of Article 1390, § 1^er, the words "or where a pre-entry-forcement command is served" are inserted between the words "When a command before a real estate seizure-execution is transcribed" and the words "or when a seizure of movable or immovable property is practised";
(c) in Article 1390, § 1^erParagraph 1^er, 3°, the words "of command or" are inserted between the words "type" and the words "of seizure";
(d) Article 1390, § 1^er, is supplemented by the following paragraph 3:
"Paragraph 1^er does not apply to seizures on sea vessels or inland vessels. »;
(e) Article 1390, § 2, is supplemented by the following paragraph:
"A notice of command or seizure has in all circumstances notice of opposition. »;
(f) in section 1390septics, paragraph 3, the words "from the event that gave rise to it" are replaced by the words "beginning with the sending of the notice";
(g) Article 1390septics, paragraph 3, is supplemented by the following provision:
"The creditors are, in all circumstances and under penalty of damages, if any, required to proceed no later than three working days after the receipt of the entire amount owing in principal, interest and costs, to the delisting of the notice of opposition, delegation, assignment, command or seizure, provided that, with respect to the notice of seizure, no notice of objection referred to in another title, As long as the notice of seizure cannot be removed, the payment of the total amount due in principal, interest and fee must be indicated in the notice file within the period referred to above three working days. »;
(h) in section 1390septics, paragraph 4 is replaced by the following paragraph:
"When the notice file mentions the opposition of another creditor with an enforceable title, by virtue of which a pay order has been served, the removal of the seizure and the deletion of the corresponding notice of seizure may not be effected without the authorization of that creditor, except where ordered by judicial decision. When the lifting of a seizure and the deletion of a notice of seizure cannot be effected because of the absence of authorization from another creditor with an enforceable title, under which a pay order has been served, the seizing creditor having obtained precise satisfaction following his notice of payment that the notice of seizure remains valid to other creditors with an enforceable act, under which the notice of seizure has been paid An opponent with an enforceable title under which a pay order has been served may also request the renewal of the notice of seizure. »
Art. 3. In section 9 of the Act, in section 1514, paragraph 2, the first sentence is supplemented by the words "only with respect to the claimed property".
Art. 4. Section 10 of the Act is replaced by the following provision:
“Art. 10. - Section 1524 of the Code is replaced by the following provision:
"Art. 1524. - Each opposing creditor with an enforceable title under which the order to pay has been served may be given a certified copy of a seizure previously practised, not yet lifted and not under law, through a judicial officer designated by him. This certified copy is issued by the judicial officer who has been seized in accordance with the formalities listed below.
The creditor referred to in paragraph 1^er may proceed with the re-schooling of furniture and effects on the list of seized property that has been handed over to it and to seize by extension the items omitted. If the sale does not take place on the fixed date, seizing it by rschooling and extension may, without forming any request for subrogation, proceed to the sale through the judicial officer he has requested for this purpose.
The creditor referred to in paragraph 1^er may as well and without any other action in subrogation, prosecute the execution of his title through a judicial officer whom he has designated on the basis of a certified copy of the seizure previously practised, not yet lifted and not under law, through a judicial officer whom he designates, provided that this seizure has not been more than three years.
The record of seizure by re-entry and extension is denounced in the file of notices in the form of a notice of seizure referred to in 1390, § 1^er.
Seizure and, where applicable, seizures by raging and extension shall have their effect until the time of release of such seizures has been authorized by all seizing or opposing creditors on the basis of an enforceable title, under which order to pay has already been served, except to the judge to settle the disputes if he purchases.
The creditor referred to in paragraph 3 shall, in the first act of fixing the day of sale, on the basis of a certified copy of the seizure previously practised, communicate clearly to the debtor, under penalty of nullity, that the prosecution shall be carried out on the basis of a seizure previously practised, not yet lifted and not contested in law, and shall serve the certified copy which was given to that effect under penalty of nullity. A period of at least one month shall be between the meaning of this first act of fixation of the day of sale on the basis of a certified copy of an earlier signed seizure and the date of sale. In this case, the instrumenting judicial officer sends under his or her own responsibility the notice file, no later than three working days after the transaction, in accordance with Article 1390, § 1^era common notice of seizure. Such a notice of seizure mentions, in addition to the date of the previous seizure, the identity of the previous seizing creditor and the identity of the judicial officer who practised the seizure.
The judicial officers who served the seizure are obliged to keep a register with a series of numbers where certified copies are recorded that they deliver to the creditors referred to in A. 3. They may only use this certified copy by appicating the title for which it was requested. »
Art. 5. Each provision of this Act comes into force on the same day as the provisions 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, which it amends.
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, 27 March 2003.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
State bucket sealed:
Minister of Justice,
Mr. VERWILGHEN
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Note
(1) Session 2001-2002.
House of Representatives.
Parliamentary documents. - Bill No. 50-1731/001 - Amendment No. 50-1731/002 - Amendment No. 50-1731/003 - Report by Ms. F. Talhaoui No. 50-1731/004.
Session 2002-2003.
Text adopted by Committee No. 50-1731/005 - Text adopted in plenary and transmitted to the Senate No. 50-1731/006.
Full report: 30 January 2003.
Senate.
Parliamentary Documents - Draft referred to in the Senate No. 2-1447/1 Amendments No. 2-1447/2 - Report made by Ms. Leduc No. 2-1447/3 Amendments No. 1447/4 - Decision not to amend No. 2-1447/5.