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An Act To Amend Certain Provisions Of The Civil Code Relating To Inheritance Rights For Survivors (1)

Original Language Title: Loi modifiant certaines dispositions du Code civil relatives aux droits successoraux du conjoint survivant (1)

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22 AVRIL 2003. - An Act to amend certain provisions of the Civil Code relating to the estate rights of the surviving spouse (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. Article 791 of the Civil Code is supplemented as follows: ", except in cases provided by law."
Art. 3. Article 915bis of the same Code, inserted by the law of 14 May 1981 and amended by the law of 20 May 1997, is supplemented by a § 5, which reads as follows:
“§ 5. It may be derogated from the provisions of this Article in the case referred to in 1388, paragraph 2. »
Art. 4. Article 1130, paragraph 2, of the same Code is supplemented as follows: ", except in cases provided by law."
Art. 5. Section 1388 of the same Code is supplemented by the following paragraph:
"The spouses may, by marriage contract or by amending act, if one of them has at that time one or more descendants of a relationship prior to their marriage or adopted before their marriage or descendants of them, conclude, even without reciprocity, a full or partial agreement relating to the rights that one may exercise in the succession of the other. This agreement does not prejudice the right of one to dispose, by will or by act between live, for the benefit of the other and cannot in any case deprive the surviving spouse of the right to Usufruct relating to the immovable on the day of the opening of the estate of the prevoter to the main dwelling of the family and the furnishing furniture that fill it, under the conditions laid down in Article 915 bis, § 2 »
Art. 6. In section 1394 of the same Code, as amended by the Act of 9 July 1998, the following amendments are made:
1° Paragraph 4 is replaced by the following provision:
"The inventory and settlement of the respective rights are not required where the modification of the matrimonial regime does not result in the liquidation of the pre-existing regime or current change in the composition of the assets or where the amendment deals only with the withdrawal, the agreement of the spouses, the donations they have made or that one of them has made to the other in the marriage contract, or only bears on an agreement referred to in 1388, paragraph 2. »
2° The first sentence of paragraph 5 is replaced by the following provision:
"The inventory and settlement of the respective rights are also not required when an amendment is made to the common heritage without the alteration of the matrimonial regime to such a extent that it must be fully liquidated. »
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, April 22, 2003.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Session 2000-2001.
House of Representatives.
Parliamentary documents. - Proposal by Mr. Valkeniers, 50-1353 - No. 1. - Amendments, 50-1353 - No.s 2 to 4. - Report, 50-1353 - No. 5. - Text adopted by the Justice Commission, 50-1353 - No. 6. - Amendments, 50-1353 - No. 7. - Supplementary report, 50-1353 - No. 8. - Text adopted by the Commission, 50-1353 No. 9. - Text adopted in plenary and transmitted to the Senate, 50-1353 - No. 10.
Annales parliamentarians. - Discussion and adoption. Session of May 16, 2002.
Session 2002-2003.
Senate.
Parliamentary documents. - Project referred to by the Senate, 2-1157 - No. 1. Amendments, 2-1157 - No. 2. - Opinion of the Council of State, 2-1157 - No. 3. - Amendments, 2-1157 - No. 4. - Report, 2-1157 - No. 5. - Text amended by the Justice Commission, 2-1157 - No. 6. -Amendments, 2-1157 - no. 7. - Text amended by the Senate and referred to the House of Representatives, 2-1157 - No. 8.
Annales parliamentarians. - Discussion and adoption: meetings of March 26 and 27, 2003.
House of Representatives.
Parliamentary documents. - Draft amended by the Senate, 50-1353 No. 11. - Report, 50-1353 - No. 12. - Text adopted in plenary and subject to Royal Assent, 50-1353 - No. 13.
Annales parliamentarians. - Discussion and adoption. Session of 1er April 2003.