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An Act To Amend Certain Provisions Of The Civil Code And The Judicial Code As Regards The Protection Of The Property Of Minors (1)

Original Language Title: Loi modifiant certaines dispositions du Code civil et du Code judiciaire en ce qui concerne la protection des biens des mineurs (1)

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13 FEBRUARY 2003. - An Act to amend certain provisions of the Civil Code and the Judicial Code with regard to the protection of property of minors (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. In section 378 of the Civil Code, replaced by the Act of 29 April 2001, the following amendments are made:
A) the current text, which will form § 1er, is amended to read:
1° to paragraph 1erthe words "the acts provided for in Article 410" are replaced by the words "the acts provided for in Article 410, § 1er1° to 6°, 8°, 9° and 11° to 14°";
2° the following paragraphs shall be inserted between subparagraphs 1er and 2;
“Is competent:
- the justice of the peace of the minor ' s home in Belgium, and if not;
- the residence of the minor in Belgium, and if not,
- that of the last common home of fathers and mothers in Belgium or, where applicable, that of the last domicile in Belgium of the parent who exercises parental authority alone, and if not,
- that of the last common residence of the father and mother in Belgium, or, where applicable, that of the last residence in Belgium of the parent who exercises parental authority alone.
The competent justice of the peace in accordance with the preceding paragraph may, in the interest of the minor, decide by a reasoned order to forward the case to the cantonal justice of the peace where the minor has established his principal residence in a sustainable manner. »;
3° the following paragraph is inserted between paragraph 2, which becomes paragraph 4 and paragraph 3, which becomes paragraph 6;
"In the event of an objection of interest between the father and mother, or where one of them fails, the justice of the peace may authorize one of the parents to perform the act for which the authorization is requested. »;
B) the article is supplemented by a § 2, which reads as follows:
“§2. The acts referred to in Article 410, § 1er, 7°, does not subject to the authorization provided for in § 1er. In the event of an objection of interest between the minor and his father and mother, the judge seized of the dispute shall designate an ad hoc guardian, either at the request of any interested person or ex officio. »
Art. 3. In section 379 of the same Code, replaced by the Act of 31 March 1987, paragraphs 2 to 4 are replaced by the following paragraphs:
"A court ruling on money returned to a minor orders that the money be placed on an account opened to his name. Without prejudice to the right to legal enjoyment, this account is subject to unavailability until the majority of the minor.
When the decision referred to in the previous paragraph is passed in force of a judgment, the Registrar shall notify the debtor in a copy, by registered letter to the post, that the debtor may, therefore, be released validly from the court's removal. If a guardianship is opened, it also sends a copy to the Clerk of Peace Justice whose guardianship depends. »
Art. 4. Section 396, paragraph 3, of the same Code, replaced by the Act of 29 April 2001, is supplemented as follows:
"The public welfare centre informs the justice of the peace of the identity of the guardian and the subrogated guardian within eight days of their designation. »
Art. 5. Article 410, § 1erthe same Code, which was replaced by the Act of 29 April 2001, are amended as follows:
A) the 7th is supplemented by the following:
"However, no authorization is required for a constitution of a civil party before the substantive jurisdiction before which the case was set at the request of the Public Prosecutor's Office or following a referral order; »;
B) the 10th is repealed.
(C) The paragraph is supplemented as follows:
"14° dispose of unavailability of property pursuant to a decision made under section 379, pursuant to section 776 or pursuant to a decision taken by the family council before the coming into force of the Act of 29 April 2001 amending various legal provisions concerning the guardianship of minors. »
Art. 6. Section 776 of the same Code is supplemented by the following provision:
"The funds and values that they receive are placed on an account in their name, with unavailability to the majority or the release of the disability measure, without prejudice to the right to legal enjoyment. »
Art. 7. Article 569, paragraph 1er12° of the Judicial Code, the words "articles 1187 to 1193" are replaced by the words "articles 1188 to 1193".
Art. 8. In section 1186 of the same Code, replaced by the Act of 29 April 2001, paragraph 2 is repealed.
Art. 9. Section 1235, 1°, of the same Code, replaces by the Act of 29 April 2001, is replaced by the following:
"1° the guardian whose dismissal is prosecuted shall be summoned to appear, on his or her own motion or on the grounds of the subrogé tutor or the procurator of the King, at the hearing appointed by the justice of the peace in the board's chamber. The summons takes place by judicial fold. The guardian subrogated is heard; "
Art. 10. Article 1236bis , § 1er, of the same Code, inserted by the Act of 29 April 2001, the following paragraph shall be inserted between paragraphs 1er and 2:
"When the father and mother or parent exercising parental authority alone have been provided with a provisional administrator in accordance with the provisions of Book 1erTitle XI, chapter 1erbis, from the Civil Code, the application for the recognition of the sustainable impossibility of exercising parental authority may also be introduced by the provisional administrator. »
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 on 13 February 2003.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Regular session 2001-2002.
Senate:
Parliamentary documents . - Bill No. 2-1058/1 of 20 February 2002 filed by Ms. de 'T Serclaes, et al.
Amendments No. 2-1058/2. - Report of 20 November 2002 by Mr. Mahoux, No. 2-1058/3. - Text adopted by the commission, no. 2-1058/4. - Text adopted in plenary meeting and transmitted to the House of Representatives No. 2-1058/5.
Annales parlementaire : séance du 25 avril 2002.
House of Representatives:
Parliamentary documents. - Project transmitted by the Senate, No. 50-1772/1. - Amendments, no. 50-1772/2 to 1772/6. - Report of 31 October 2002 by Ms. Anne Barzin, No. 50-1772/7. - Text adopted by the commission, no. 50-1772/8. - Text adopted in plenary and transmitted to the Senate, No. 50-1772/9.
Full report. - Session of November 7, 2002.
Regular session 2002-2003.
Senate:
Parliamentary documents. - Draft amended by the House of Representatives, No. 2-1058/6. - Report of 19 November 2002 by Ms. Taelman, No. 2-1058/7. - Amendments, no. 2-1058/8. - Text adopted by the Commission, No. 2-1058/9. - Text reworked by the Senate and referred to the House of Representatives, No. 2-1058/10.
Annales parlementaire : séance du 21 novembre 2002.
House of Representatives:
Parliamentary documents . - Project brought back by the Senate, No. 50-1772/10. - Report of 14 January 2003 by Ms. Anne Barzin, No. 50-1772/11. - Amendments, no. 50-1772/12. - Supplementary report of 24 January 2003 by Ms. Anne Barzin, No. 50-1772/13. - Text adopted by Commission No. 50-1772/14. - Text adopted in plenary and subject to Royal Assent, No. 50-1772/15.
Full record: meeting of 30 January 2003.