29 AVRIL 2001. - An Act to amend various legal provisions concerning guardianship of minors (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. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Amendments to the provisions of Book I^er, Part II,
Civil Code: Civil Status Acts
Art. 2. Section 50 of the Civil Code, as amended by the Act of March 31, 1987, is replaced by the following provision:
"Art. 50. § 1^er. The civil status officer who receives the birth declaration of a child whose filiation is not established with respect to his or her father and mother, or who transcribes in his or her records the device of a judicial decision entitled to a dispute of the filiation link with the father and mother, or with respect to the only parent with respect to which filiation is established, is required to inform, in the three days referred to by the justice of the child,
§ 2. The Civil Status Officer who makes an act of death is required to inform the justice of the peace referred to in section 390 within three days. The same applies when the deceased was the guardian or adoptive parent of a minor, a prolonged minor or a prohibited child.
The Civil Registry Officer who transcribes in his records the procedure for a judicial decision by which a major person who is prohibited under guardianship is adopted or the device for a judicial decision by which the adoption of a minor is revoked without the decision that the minor child be relocated under the parental authority of his or her father and mother, is required to inform the justice of the peace referred to in Article 390 within three days.
§ 3. The due day is included within the deadline.
However, when this day is a Saturday, a Sunday or a legal holiday, the day of maturity is postponed to the next working day. »
CHAPTER III. - Amendments to the provisions of Book I^er, Title IV, of the Civil Code: "Not present"
Art. 3. Section 142 of the Code, as amended by the Act of March 31, 1987, is replaced by the following provision:
"Art. 142. Six months after the disappearance of one of the fathers and mothers and if the other has died, the authority over the child's person and the administration of his property is temporarily transferred in accordance with sections 389 et seq.
The same is true when filiation is established only with respect to a single author and the author has disappeared.
At the diligence of the Public Prosecutor ' s Office, a certified true copy of any judgement rendered under articles 112, 113 or 117 is addressed to the competent justice of the peace for the organization of guardianship of minor children. »
CHAPTER IV. - Amendments to the provisions of Book I^er, Title V, Civil Code: "Marriage"
Art. 4. In section 145 of the same Code, as amended by the Act of 19 January 1990, the following amendments are made:
1° to paragraph 1^er, the second sentence is replaced by the following:
"The application is filed by request either by the father or mother, or by one of them, or by the guardian, or by the minor without the consent of the parents or guardian. »;
2° in paragraph 2, the words "or guardian" are inserted between the words "father and mother" and the words "minor".
Art. 5. Section 175 of the same Code, as amended by the Act of 19 January 1990, is replaced by the following provision:
"Art. 175. In the case provided for in the previous article, the guardian may file an opposition. »
CHAPTER V. - Amendments to the provisions of Book I^er, Title VIII of the Civil Code: "From Adoption and Plenary Adoption"
Art. 6. Article 348 of the same Code, amended by the laws of 21 March 1969, 1^er March 1971, 27 April 1987 and 27 December 1994 are amended as follows:
1° § 1^er, paragraph 3, is replaced by the following provision:
"When both the father and mother of the minor child or the forbidden are deceased, declared absent, unable to manifest their will or have no known residence, consent is given by the guardian. The same is true when the filiation of the minor child or the foregoing has not been established with respect to either parent.
In case of adoption by the guardian, consent is given by the guardian subrogated. If the interests of the guardian subrogated are in opposition to the interests of the minor, consent shall be given by an ad hoc guardian appointed by the president of the court of first instance to the request of any interested person or the Crown Prosecutor. »
2° § 2, paragraph 1^er, is replaced by the following provision:
"If, at a previous adoption, the consent of the father and mother who has refused to consent to this adoption is no longer required for a further adoption; if, pursuant to this provision, none of the father or mother of the child is called to give consent, the child must be given by an ad hoc guardian appointed by the President of the Court of First Instance at the request of any interested person or the Crown Prosecutor. »
Art. 7. In section 349, paragraph 2, of the same Code, as amended by the Act of March 21, 1969, the words "or if consent has been given by the family council, by the person whom the council has designated for that purpose" are deleted.
Art. 8. Section 350 of the Code, amended by the Acts of 21 March 1969, 7 May 1973, 27 April 1987 and 19 January 1990, is amended as follows:
1° Paragraph 2, paragraph 1^er, the words "or deliberation" are deleted.
2° In § 2, paragraph 3, the words "by the family council" are replaced by the words "by the justice of the peace".
3° Paragraph 3, paragraph 1^er, 1°, the words "of his guardian subrogated and the guardian justice of the peace" are inserted after the words "of his guardian".
Art. 9. In Article 353, § 2, paragraph 3, of the same Code, amended by the Act of 21 March 1969, the words "; when the refusal comes from the family council, the action is directed against its members who have been of the opinion of the deliberation, apart from the justice of the peace" are deleted.
Art. 10. In section 361 of the same Code, as amended by the Acts of 21 March 1969, 27 April 1987 and 19 January 1990, the following amendments are made:
1° § 1^erParagraph 2, is repealed;
2° § 1^er, paragraph 3, is replaced by the following provision:
"When the opponent dies or is unable to exercise parental authority during the minority of the opponent, guardianship is organized in accordance with Chapter II of Title X of this book. »;
3° to § 2, paragraph 1^er, the words "paternal power" are replaced by the words "parental authority";
4° § 2, paragraph 2, is repealed;
5° § 2, paragraph 3, is replaced by the following provision:
"When both spouses have died or are unable to exercise parental authority during the minority of the opponent, guardianship is organized in accordance with Chapter II of Title X of this book. »;
6° in § 3, paragraph 2, the words "and a new guardianship is, if any, organized in accordance with the ordinary rules set out in title X of this book" are deleted;
7° § 4 is replaced by the following provision:
“§4. In the event of adoption of a major ban, the court designates the opponent as guardian of the opponent. In the event of adoption by two spouses, the court designates them as guardian and guardian. The duties of the guardian and, where appropriate, the subrogated guardian who had been previously designated shall terminate in full right on the date of the transcript of the judgment or judgment. »
Art. 11. In section 367 of the same Code, replaced by the Act of 21 March 1969, the following amendments are made:
1° to § 3, paragraph 5, the words "under their fatherly power, without prejudice to the ordinary rules concerning guardianship provided for in title X of this book" are replaced by the words "under their parental authority";
2° § 7 is replaced by the following provision:
“§ 7. If, in the event of the revocation of the adoption of a minor child in respect of the adopter or the two enacting spouses, the guardianship is not enforced under § 3, last paragraph, in accordance with Articles 389 et seq.
Nevertheless, the father and mother of the child may still submit to the youth court the application under section 361, § 3. »
CHAPTER VI. - Amendments to the provisions of Book I^er, Title IX, Civil Code: "From Parental Authority"
Art. 12. Section 378 of the same Code, re-established in a new drafting by the Act of March 31, 1987, is replaced by the following provision:
"Art. 378. Subject to the authorization of the justice of the peace, the acts provided for in Article 410 for which the guardian must request a special authorization from the justice of the peace, subject to the provisions of Article 935, paragraph 3.
The justice of the peace decides on the petition signed by the parties or their lawyer. If it is seized by one of the fathers and mothers, the other is heard or at least summoned by judicial fold. This summons is a party to the cause.
In the event of an opposition of interest between the child and his father and mother, the justice of the peace shall designate an ad hoc guardian either at the request of any interested person or ex officio. »
CHAPTER VII. - Amendments to the provisions of Book I^er, Title X, Civil Code: "From Minority, Guardianship and Emancipation"
Art. 13. Chapter II of Book I^er, title X, of the same Code, entitled "De la tutelle" and comprising sections 389 to 475 is replaced by the following provisions:
"CHAPITRE II. - Guardianship
Section I^re- From the opening of guardianship
Art. 389. The guardianship of minor children opens if the father and mother have died, legally unknown or in a sustainable impossibility of exercising parental authority.
Unless it arises from the judicial prohibition, the prolonged minority, the absence declared or presumed, this impossibility is found by the court of first instance in accordance with the procedure defined in article 1236bis of the Judicial Code.
Section II. - Organization of guardianship
Art. 390. Subject to the provisions of Article 13, § 2, of the Act of 31 December 1851 on consulates and consular jurisdiction, the organization and supervision of guardianship shall be the responsibility of the justice of the peace of the minor's domicile, as determined by Article 36 of the Judicial Code, or, in the absence of a domicile, the justice of the peace of the minor's residence.
The tutelary justice of the peace is immutable.
However, at the request of the guardian, or ex officio, the guardian justice may, in the interest of the minor, order the transfer of guardianship to the place of the guardian's domicile or residence. This decision binds the judge to whom the charge is transferred. It is not subject to any appeal, except the King's attorney's appeal.
Art. 391. When the guardianship opens or becomes vacant, the justice of the peace orders, at the request of any interested person or even at his or her office, the urgent measures necessary for the protection of the person of the minor or for the preservation of his or her property.
The appointment of the guardian does not put an end to these measures. They shall cease only if the judge reports them or by the expiry of the term, if any, fixed by him.
The justice of the peace is seized by a simple letter.
Art. 392. The father and mother who ultimately exercises parental authority may designate a guardian, either by a will or by a statement to the justice of the peace of his home or to a notary.
Fathers and mothers may also make a statement to the justice of the peace or to the notary, provided that they act jointly. At any time, they can change their choice by making a new statement.
After the death of one of the fathers and mothers, the declaration remains valid as long as the surviving parent has not revoked it or designated a guardian in accordance with paragraph 1^er.
Each father and mother may revoke the statement. The dismissal is made before the justice of the peace or before the notary who received the statement. If the statement was made before a notary, the dismissal is made before the notary or another notary, in charge of the notary to notify the notary who received the statement. Mention of revocation is included in the declaration.
If the person designated in accordance with paragraph 1^er and 2 accepts guardianship, the justice of the peace agrees to the designation, unless serious reasons for the child's interest specified in the grounds of the order prohibit the choice of the parent(s).
Art. 393. If the parents did not use the faculty granted to them in the previous article or if their choice could not be followed, the justice of the peace, from the opening of the guardianship, chose a guardian capable of educating the minor and managing his property, preferably among the closest family members. He calls him after he's assured of his acceptance.
Art. 394. If the minor is twelve years of age, the judge shall hear it before appointing the guardian or homologating the designation of the guardian.
He also hears the second-degree ascendants, the minor's brothers and sisters, as well as the brothers and sisters of the minor's parents, or at least makes them summon.
It is up to him to hear, in addition, any person whose opinion might be useful to him.
The summonses are made by judicial fold.
Art. 395. § 1^er. If the minor's interest requires it in exceptional circumstances, the judge may split the guardianship by appointing a guardian to the person and a guardian of the property.
It resolves, upon request, the disputes that might arise between them.
§ 2. The agreement of the two guardians is required to carry out legal acts and make decisions that concern both the person and the property of the minor.
With respect to third parties in good faith, each guardian is expected to act with the agreement of the other guardian, when he or she carries out an act relating to guardianship alone, except as provided by law.
Art. 396. No one is required to accept the functions of guardian or guardian subrogated.
If the guardian justifies legitimate reasons, the justice of the peace may, in the course of guardianship, discharge him from his office.
If no one accepts guardianship, sections 63 to 68 of the Act of 8 July 1976 organic of public welfare centres are applicable.
Art. 397. cannot be guardians:
(1) those who do not have the free disposition of their property;
2° those in respect of which the youth court ordered one of the measures provided for in sections 29 to 32 of the Youth Protection Act of 8 April 1965.
Art. 398. Are excluded from guardianship or destituible if they are in exercise:
1° persons of a notorious misconduct;
2° those whose management would attest to incapacity or infidelity;
3° those who have or whose spouse, the legal cohabitant, the de facto cohabitant, a descendant or an ascendant has with the minor a trial in which the state of the latter, his fortune or a notable part of his property is compromised.
Art. 399. Every time the guardian is dismissed, it is pronounced by the justice of the peace, at the request of the subrogé tutor, the public ministry or even ex officio.
Art. 400. Guardianship is a personal charge that does not pass to the guardian's heirs.
Art. 401. When the guardian is replaced, the designation of the new guardian shall be in accordance with section 393, without prejudice to section 391.
The new tutor takes office as soon as the order is issued.
Section III. - Subrogated guardian
Art. 402. In any guardianship, there is a subrogated guardian that the justice of the peace appoints after having ascertained his acceptance.
If the guardian is a parent or ally of the minor in a line, the guardian subrogated is, preferably, chosen in the other line.
Articles 395, 396, subparagraphs 1^er and 2, 397, 398 and 399 apply to the guardian subrogated.
The functions of the guardian subrogé cease at the same time as guardianship.
Art. 403. The guardian subrogated is watching the guardian. If he finds that he commits misconduct in the education of the minor or in the management of property, he shall promptly inform the justice of the peace.
The tutor must cooperate fully in order to allow the subrogated tutor to control it.
Art. 404. The guardian subrogated represents the minor when the interests of the minor are in opposition to the interests of the guardian. If the interests of the subrogé tutor are also in opposition to those of the minor, the justice of the peace appoints an ad hoc guardian to the request of any interested or even ex officio, as well as a subrogé tutor ad hoc.
The guardian subrogated does not supersede the guardian when the guardianship becomes vacant. In this case, he must, under penalty of compensation for the damage that could result in the minor, cause the appointment of a new guardian.
Section IV. - The operation of guardianship
Art. 405. § 1^er. The guardian takes care of the minor. It educates it by conforming to the principles eventually adopted by the parents, particularly with regard to the issues referred to in section 374, paragraph 2.
He represents the minor in all acts of civil life.
He manages the property of the minor in good family father and responds to damage that could result from mismanagement.
In the management of the minor ' s property, he may be assisted by persons acting under his or her responsibility, after expressly authorized by the justice of the peace.
The guardian uses the minor's income to ensure the maintenance of the minor and to provide him with care, and requires the application of social legislation in the interests of the minor.
§ 2. In the event of a serious conflict between the minor and the guardian or, where appropriate, the subrogated guardian, the minor may, on a written or verbal request, address the Crown Prosecutor if he is twelve years old in matters relating to his person and if he is fifteen years old in matters relating to his property.
The King's Attorney collects all the useful information. If he considers the request to be substantiated, he shall appeal to the justice of the peace to settle the dispute.
The justice of the peace decides after hearing the minor, the guardian and the subrogated guardian.
Art. 406. § 1^er. In the month following the notification of the appointment, the tutor shall draw up an inventory with an estimate of the value of the buildings and furniture, if any, after having requested the lifting of the seals if they have been affixed.
The inventory is prepared pursuant to articles 1175 to 1184 of the Judicial Code, unless the justice of the peace decides, by reason of order, to authorize an inventory in private seing. The justice of the peace may, in this order, define the conditions that must be met in this inventory under private seing.
At the request of the guardian, the justice of the peace may extend the period if exceptional circumstances, recorded on the grounds of the order, justify it. The extended period may not exceed six months.
If, within this period, no inventory as referred to in paragraph 1^er has not been established and communicated to the justice of the peace, it shall designate a notary to make the inventory.
The costs are borne by the tutor.
§ 2. The justice of the peace decides, by a reasoned order, whether an inventory should be compiled with a detailed list with an estimate or, if, on the contrary, a comprehensive description and estimation of the value of furniture is sufficient.
The inventory is, in any case, in the presence of the subrogated guardian.
Upon closing, he is filed on the record of the proceedings.
If the guardian is a creditor to the minor, he must, as soon as he fails, declare him to the justice of the peace, on the requisition that he is obliged to do so. This statement shall be recorded in a record which is filed on the record of the proceedings.
Art. 407. § 1^er. In the month following the filing of the inventory on the record of the proceedings, the justice of the peace, after hearing of the guardian, the guardian subrogated and the fifteen-year-old minor, shall set out by reasoned order:
1° the amount the guardian has annually for the maintenance and education of the minor;
2° the amount the guardian has annually for the management of the property of the minor;
3° the amount to which the guardian begins, for the guardian, the obligation to use the excess of income over the expenditure and the period before which the guardian shall, in the absence of employment, be in full account of interest;
4° the establishment approved by the Banking and Financial Commission or are open the accounts on which the funds are paid or deposited the securities and securities of the minor;
5° the conditions to which the withdrawals of funds, securities or values so paid or deposited are subordinated;
6° the amount for which, in view of the nature and importance of having the minor, a mortgage registration must be made on the tutor's buildings, the building or the buildings on which the registration is taken by the clerk at the expense of the minor or the guarantees to be provided, if any, by the tutor who has no building or is exempt from the mortgage registration;
7° the measures to be taken for the prosecution, rental, disposal or liquidation of the trades and enterprises collected by the minor.
§ 2. During guardianship, the justice of the peace may, at the request of the guardian, the guardian, the king's attorney, any other interested or even ex officio, amend his previous decisions in the matters listed in paragraph 1^er, after hearing the guardian, the subrogated guardian and the fifteen-year-old.
§ 3. The justice of the peace may entrust to the establishment referred to in § 1^er, 4°, a fund management mission, securities and securities owned by the minor and deposited with the minor.
The justice of the peace determines the conditions of this management.
Art. 408. The holder and other securities of the minor or acquired during the guardianship are deposited on the account opened in his or her name in accordance with Article 407, § 1^erFour.
Without prejudice to Article 409, § 2, paragraph 4, the tutor renews in similar values, without special authorization, the placement of nominal capital to maturity.
Art. 409. § 1^er. The excess of income referred to in section 407, § 1^er, 3°, shall be employed according to the terms fixed by the justice of the peace in the order made at the opening or in the course of guardianship, in accordance with Article 407.
§ 2. The tutor can only give leave of the capital that echoes the minor during guardianship with the counterseing of the guardian subroge.
These capitals are deposited by him on the account opened for the minor in accordance with Article 407, § 1^erFour.
The deposit must be made within fifteen days of receipt of capital; past this period, the guardian is entitled to interest.
At the request of the guardian, the justice of the peace determines the terms of a more remunerative subsequent placement, after taking the advice of the guardian, the subrogated guardian and the 15-year-old.
Art. 410. § 1^er. The guardian must be specifically authorized by the justice of the peace to:
1° alienate the property of the minor, except for fruit and objects of scrap, except as part of the management entrusted to an establishment as referred to in Article 407, § 1^er4°;
2° borrowing;
3° hypothecate or pledge the property of the minor;
4° consent to a farm lease, commercial lease or rent lease of more than nine years and to renew a commercial lease;
5° to give up a succession or a universal or universal legacy or to accept it, which can only be done under the benefit of an inventory;
6° accepting a donation or bequest in a particular way;
7° to represent the juvenile in court as an applicant in other proceedings and acts than those provided for in articles 1150, 1180-1 and 1206 of the Judicial Code;
8° conclude an indivision pact;
9° buying a building property;
10° acquire an application or judgment;
11° transfer or enter into an arbitration agreement;
12° continue a trade collected in a legal succession or testamentary. The administration of trade may be entrusted to a special administrator under the supervision of the guardian. The justice of the peace may at any time withdraw his authorization;
13° alienate memories and other personal objects, even if they are objects of little value.
§ 2. The sale of the minor's movable or immovable property is public. The guardian may, however, be allowed to sell furniture or buildings voluntarily.
Authorization is granted if the minor's interest requires it. It expressly indicates the reason why the voluntary sale serves the interest of the minor. When it comes to the sale of an immovable property, it takes place in accordance with the draft act of sale prepared by a notary and approved by the justice of the peace.
The justice of the peace surrounds all relevant information; In particular, it may collect the opinion of any person whom it considers fit to inform.
Souvenirs and other objects of personal character are, unless absolutely necessary, except for alienation and are kept at the disposal of the minor until his majority.
In any case, a minor who has the required discernment is invited to be heard, if he wishes, before the authorization can be granted.
Art. 411. The guardian and the guardian subrogated may not acquire the property of the minor, either directly or by an interposed person, except as part of the application of the Act of 16 May 1900 amending the estate regime of the small inheritances and of 29 August 1988 relating to the estate regime of the farms with a view to promoting continuity, judicial or friendly sharing approved in accordance with section 1206 of the Judicial Code. They may only lease the minor's property with the authorization of the justice of the peace obtained upon written request. In this case, the justice of the peace determines in his or her order the terms and conditions of the lease and the special guarantees related to the lease so granted.
Art. 412. The justice of the peace may take all measures to ascertain the family, moral and material situation of the minor, as well as his living conditions.
In particular, he may ask the King's Prosecutor to take, at the intervention of the competent social service, any useful information concerning these different points.
Section V. - Accounts and guardianship report
Art. 413. Each year, the tutor shall file the account for his or her management in the case file. This account is also given to the subrogated guardian and to the 15-year-old. The justice of the peace may, on his or her own motion or at the request of the subrogated guardian, summon the guardian in the board's chamber to be heard in his or her explanations.
The King determines the form and content of the management accounts.
Art. 414. When the guardianship account is replaced, the guardianship account shall be arrested on the date of the order appointing the new guardian, without prejudice to the application of section 391.
Art. 415. In the month of the termination of the duties of the guardian, the final guardianship account shall, with a view to its approval, be made to the minor who has become a major or emancipated, to the new guardian or the holder of the parental authority in the presence of the justice of the peace and the subrogé tutor, if any, at the expense of the minor or guardian. The guardianship account is also given to the 15-year-old.
A report shall be drawn up on the accountability, approval and discharge given to the guardian.
Any approval of the trustee account prior to the date of the minutes referred to in paragraph 2 is void.
If it gives rise to disputes, the record shall be brought to justice in accordance with articles 1358 et seq. of the Judicial Code.
Art. 416. As long as the final guardianship account has not been approved, no valid contract may be entered into between the minor and his former guardian.
The release of the guarantee provided by the tutor for the safety of his or her management is given by the new tutor or by the minor on the production of a certified copy of the report prepared in accordance with section 415.
Art. 417. The approval of the account does not prejudicial to liability actions that may belong to the minor against the guardian and the guardian subrogated.
Art. 418. The amount to which the relic due by the guardian bears full interest from the date of the approval of the account and not later than three months after the termination of the trusteeship. The interests of what is due to the guardian by the minor run only on the day of the summation to pay following the approval of the account.
Art. 419. Any action by the minor against his guardian or his guardianship subrogated in respect of the facts and accounts of the guardianship is prescribed by five years from the majority, even when emancipated.
Art. 420. Every year, the guardian reports to the justice of the peace and the subrogated guardian on the education and reception of the minor, as well as on the measures he has taken to develop the person of the minor. The report is placed on the record of the proceedings. »
Art. 14. In article 475ter, paragraph 3, of the same Code, inserted by the Act of 21 March 1969 and amended by the Act of 31 March 1987, the third sentence is deleted.
Art. 15. In article 475quater, paragraph 4, of the same Code, inserted by the law of March 21, 1969 and amended by the laws of March 31, 1987 and January 19, 1990, the words "paternal power" are replaced by the words "parental authority".
Art. 16. Section 475 of the same Code, inserted by the Act of 21 March 1969 and amended by the Act of 31 March 1987, is replaced by the following provision:
"Art. 475sexies. It may be put to an end the informal guardianship by the youth court at the request:
1° or the guardian of the child;
2 or persons who have given their consent to informal guardianship in accordance with Article 475bis, or those who have recognized or legitimized the child after the establishment of informal guardianship;
3 or the King's Attorney.
The Youth Court instructs the application in the forms provided for in Article 475ter, paragraph 3.
If he or she terminates informal guardianship, he or she may, on the application made to him or her, after receiving the advice of the persons listed in paragraph 1^er, 1° and 2°, above and heard the King's Prosecutor, remove or reduce the obligation of the guardian of the child to maintain and put him in a position to earn his life. »
Art. 17. Section 475septies of the same Code, inserted by the Act of 21 March 1969 and amended by the Act of 31 March 1987, is supplemented by the following words:
"in accordance with Articles 413 to 420."
Art. 18. Section 478 of the same Code, as amended by the Acts of 8 April 1965 and 31 March 1987, is replaced by the following provision:
"Art. 478. A minor who has no father or mother and who is fifteen years of age may be emancipated if the guardian and the guardian subrogated judge him capable of it.
The guardian and the guardian subrogated shall apply to the youth court which shall proceed in accordance with section 477. In case of dissent between them, the request is submitted by one of them. In this case, the youth court must hear or call the person who did not apply.
At the due diligence of the Public Prosecutor ' s Office, a certified true copy of the judgment rendered under this section shall be transmitted to the Judge of the Guardian Peace. »
Art. 19. Section 479 of the Code, as amended by the Acts of 8 April 1965, 31 March 1987 and 19 January 1990, is replaced by the following provision:
"Art. 479. When the guardian has not performed any diligence in the emancipation of the minor who meets the conditions set out in section 478 and one or more of the parents or allies of the minor up to the fourth degree judge him capable of being emancipated, they may request the King's prosecutor to take the youth court on emancipation.
The minor may also request the Crown Prosecutor for the same purpose.
Section 478, paragraph 3, is applicable. »
Art. 20. Section 483 of the same Code, as amended by the Act of 15 December 1949, is replaced by the following provision:
“Art. 483. The emancipated minor shall not be able to borrow under any pretext without authorization from the justice of the peace given in accordance with Article 410, § 1^er. »
Art. 21. Article 484, paragraph 1^er, in the same Code, the words "without observing the forms prescribed to the unemancipated minor" are replaced by the words "without observing the rules prescribed in respect of guardianship".
Art. 22. In section 485, paragraph 2, of the same Code, as amended by the Act of 8 April 1965, the words "after taking, if any, the opinion of the justice of the peace, president of the family council that deliberated on emancipation" are deleted.
Art. 23. Section 487quater, paragraph 2, of the same Code, inserted by the Act of 29 June 1973, is supplemented as follows:
"At the diligence of the Public Prosecutor's Office, the judgment shall be notified within ten days of the ruling to the District Peace Judge. »
CHAPTER VIII. - Amendments to the provisions of Book I^er, Title XI, Civil Code: "Of majority, provisional administration, prohibition and judicial council"
Art. 24. Section 506 of the same Code, as amended by the Act of 10 August 1909, is repealed.
Art. 25. Section 509 of the same Code is supplemented by the following paragraph:
"At the diligence of the Public Prosecutor's Office, the judgment shall be notified within ten days of the ruling to the District Peace Judge. »
Art. 26. In section 510 of the same Code, as amended by the Act of 15 December 1949, the last two sentences are deleted.
Art. 27. Section 511 of the same Code, as amended by the Act of 15 December 1949, is replaced by the following provision:
"Art. 511. When it comes to the marriage of the child of a prohibition, the dowry, or the advancement of the heir, will be settled by the guardian duly authorized by the justice of the peace. »
CHAPTER IX. - Amendments to the provisions of Book III, Part I^erFrom the Civil Code: "The successions"
Art. 28. Article 745s, §§ 1^er, and 2, of the same Code, inserted by the law of 14 May 1981, is replaced by the following:
« § 1^er. The surviving spouse may be excluded or fallen in whole or in part of his or her estate rights if he or she has fallen in whole or in part of the parental authority in respect of children born to his or her marriage with the deceased.
§ 2. The action is introduced by the descendants in the following year, namely the opening of the succession, or the loss of parental authority.
The judgment produces its effects on the date of the application's introduction. »
Art. 29. Section 776 of the Code, as amended by the Act of 14 July 1976, is replaced by the following provision:
"Art. 776. The successions to minors and the prohibitions may only be validly accepted in accordance with the provisions of Article 410, § 1^er. »
Art. 30. Section 793, paragraph 3, of the same Code, as amended by the Act of 10 October 1967, is replaced by the following:
"In the event of a beneficiary acceptance due to the inability of the heir, the same formalities are performed at the care of the father and mother or of those who exercise parental authority, the emancipated minor or the guardian. The justice of the peace ensures that these formalities are fulfilled. In the event of an objection of interest between the incapable and its legal representative, the justice of the peace shall designate an ad hoc guardian either at the request of any interested person or on his or her own behalf. "
Art. 31. Article 817, paragraph 1^er, from the same Code, the words "by a family council" are replaced by the words "by the tutelary justice of peace".
Art. 32. In Article 819, paragraph 2, of the same Code, as amended by the Act of 10 May 1960, the words "subject to the application of the provisions of Article 911bis of the Code of Civil Procedure" are replaced by the words "subject to the application of the provisions of Article 1154 of the Judicial Code".
Art. 33. In section 840 of the same Code, the words "with the authorization of a family council" are replaced by the words "with the authorization of the tutelary justice of the peace".
CHAPTER X. - Amendments to the provisions of Book III, Title II, of the Civil Code: "Donations between live and wills"
Art. 34. Article 935, paragraph 1^er, of the same Code, the words "in accordance with Article 463, under Minority, Guardianship and Emancipation" are replaced by the words "in accordance with Article 410, § 1^er".
Art. 35. Section 936 of the same Code is replaced by the following provision:
"Art. 936. The deaf-mute who will write, may accept himself or by a power-based.
If he does not know how to write, acceptance must be made by a curator appointed to this effect by the president of the court of first instance seized by unilateral request submitted by any interested person. »
Art. 36. Section 1055 of the same Code is replaced by the following provision:
"Art. 1055. The person who makes the provisions authorized by the preceding articles may, by the same act, or by a subsequent act, in an authentic form, appoint a guardian to carry out these provisions. »
Art. 37. Section 1056 of the same Code is replaced by the following provision:
"Art. 1056. If a guardian fails to be appointed in accordance with Article 1055 or failing to accept his or her mission, he or she shall be appointed one at the diligence of the encumbered person, or of his or her legal representative if he or she is unable, within one month of the day of the death of the donor or testator, or of the day or, since that death, the act containing the provision has been known. This appointment shall be made by the justice of the peace of the canton of the residence of the encumbered, in accordance with article 393 and in accordance with the procedure set out in chapter IX of Book IV of the Judicial Code. »
Art. 38. In article 1057 of the same Code, the words "either of their guardian or curator" are replaced by the words "either of their curator or legal representative".
Art. 39. In article 1074 of the same Code, the words "of his guardian" are replaced by the words "of his legal representative".
CHAPTER XI. - Amendments to the provisions of Book III, Parts III to XV, of the Civil Code
Art. 40. In article 1370, paragraph 3, of the same Code, the words "or those of guardians and other administrators who cannot refuse the function referred to them" are deleted.
Art. 41. Section 1428, paragraph 2, of the same Code, replaced by the Act of 14 July 1976, is replaced by the following provision:
"This inventory, the contents of which are regulated by articles 1175 et seq. of the Judicial Code, may be made in private when all major interested parties consent to it and, in the event of a minor or incapable existence, with the consent of the justice of the peace seized by request. »
Art. 42. Section 2045, paragraph 2, of the same Code, is replaced by the following provision:
"The guardian may not transfer for the minor or forbid it except by observing the forms prescribed in Article 410, § 1^er, and it may only transfer with the minor who has become a major, to the guardianship account in accordance with Article 416, paragraph 1^er. »
CHAPTER XII. - Amendments to the provisions of Book III, Title XVIII, of the Civil Code: "Privileges and Mortgages"
Art. 43. Section 49 of the Act of 16 December 1851 on the revision of the mortgage regime is replaced by the following provision:
“Art. 49. In the period fixed by Article 407, § 1^erin the Civil Code, the justice of the peace shall determine the sum for which he shall be registered as a mortgage; it shall designate the buildings on which such registration shall be required in respect of the property of minors and the prohibitions, the nature of the values of which it is composed and the possibility of the guardian's responsibility.
The justice of the peace may, under the circumstances, declare that no registration will be made on the property of the guardian. This statement will only have effect until revocation. "
Art. 44. Sections 50 and 51 of the Act are repealed.
Art. 45. Section 52 of the Act is replaced by the following provision:
"Art. 52. Registration shall be taken at the clerk's due diligence under the order of the justice of the peace or the judgment of the court.
If the guardian interferes in the management beyond the content of the order made on the basis of Article 391 of the Civil Code before this formality has been completed, the justice of the peace may withdraw his guardianship in accordance with Article 398 of the Civil Code.
The guardian subrogated is under his personal responsibility to ensure that registration is validly taken on the property of the guardian. »
Art. 46. Section 53 of the Act is repealed.
Art. 47. Section 54 of the Act is replaced by the following provision:
“Art. 54. The Clerks shall not, under penalty of personal responsibility and dismissal, if any, issue any shipment of the order made pursuant to section 407 of the Civil Code before the registration was made against the guardian for the sums and buildings designated by the justice of the peace. »
Art. 48. Section 55 of the Act is repealed.
Art. 49. Section 56 of the Act is replaced by the following provision:
"Art. 56. If the guardian has buildings, but if they are deemed insufficient to respond to the entirety of his management, the justice of the peace may set additional guarantees in accordance with Article 407, § 1^er6°, Civil Code. »
Art. 50. Section 57 of the Act is repealed.
Art. 51. Section 58 of the Act is replaced by the following provision:
"Art. 58. In the event that the guarantees given to minors or prohibited persons have become insufficient, the justice of the peace may determine in accordance with Article 407, § 2, of the Civil Code an increase in the amount to be guaranteed by the mortgage or extension of the mortgage to other buildings. If the guardian had no other buildings or had only a value deemed insufficient, the justice of the peace may establish additional safeguards or guarantees as provided for in section 56. »
Art. 52. Section 60 of the Act is replaced by the following provision:
"Art. 60. If the guarantees provided by the guardian obviously become excessive during the course of guardianship, the justice of the peace may restrict the security rights initially required in accordance with article 407, § 2, of the Civil Code. »
Art. 53. Sections 61 to 63 of the Act are repealed.
CHAPTER XIII. - Amendments to the Judicial Code
Art. 54. Article 1151, 1°, of the Judicial Code is replaced by the following provision:
"1° if among interested persons, it is those who are incapable and without legal representative, and that seals are not required by a parent. »
Art. 55. Section 1181 of the Code, as amended by the Act of March 31, 1987, is replaced by the following provision:
“Art. 1181. In all cases where a guardianship inventory is carried out, the guardianship inventory is made in the presence of the guardianship subrogated.
He reproduces in his title the response of the guardian to the inquiry made by the notary about whether he was due something to him by the minor.
Art. 56. Section 1186 of the Code, as amended by the Acts of 31 March 1987, 26 June 1990 and 18 July 1991, is replaced by the following provision:
"Art. 1186. Where the alienation of buildings belonging in whole or in part to minors or prohibited property is required, their legal representatives are required to apply to the justice of the peace for authorization to do so.
Co-owners of the buildings must be heard, or duly referred to in court notice at least five days before the hearing.
If the justice of the peace authorizes the sale, he shall at the same time designate a notary by the department from which the public sale will take place.
The latter shall be carried out in the presence of such legal representatives and, where appropriate, subordinate guardians before the justice of the peace of the canton of the situation of the property. »
Art. 57. In article 1187 of the same Code, paragraphs 1^er and 2 are replaced by the following:
"When buildings belong in co-ownership to minors, prohibitions, persons provided with a provisional administrator under sections 488bis, (a) to (k), the Civil Code, or have persons interned by application of the Social Defence Act, and other persons, if they wish to proceed with the sale, must address by request the justice of the peace in order to be authorized there.
Legal representatives of interested minors, prohibited persons or persons with a provisional administrator, as well as other co-owners, must be heard, or duly referred to by judicial notice at least five days before the hearing.
If the justice of the peace is entitled to the request, he shall appoint a notary to proceed with public sale. »
Art. 58. Section 1189 of the same Code is supplemented by the following paragraph:
"The court's authorization is not required in the event of the application of sections 1186 and 1187. »
Art. 59. Section 1191 of the same Code is replaced by the following provision:
“Art. 1191. However, if the protected interests listed in sections 1186 to 1190 required that the immovables be sold in whole or in part in one or more cantons other than that of the situation of the property, it shall be mentioned in the case, in the order of the justice of the peace, in the decision of the court's authorization, or in that of the judge of the bankruptcy; and the justice of the peace, the court or the judge of commission shall at the same time designate the justice of the peace in whose presence the sale shall take place. »
Art. 60. Section 1193bis of the same Code, inserted by the Act of 18 February 1981, is replaced by the following provision:
"Art. 1193bis. In the cases provided for in articles 1186 to 1189, persons who have the capacity to provoke public sale of buildings may, as the case may be, file an application with the justice of the peace or before the court of first instance. Authorization is granted if the interest of persons protected by these articles requires it.
The authorization of the justice of the peace or the court must expressly state the reason why the sale of the free will serves the interest of protected persons. The use of this form of sale may be subject to the setting of a minimum price.
The application under paragraph 1^er is filed by a reasoned request to which is attached a bill of sale prepared by a notary.
The persons referred to in sections 1186, paragraph 2, 1187, paragraph 2, and 1188, paragraph 2, shall be heard, or duly referred to in court notice at least five days before the hearing.
The justice of the peace or the court may order the appearance of persons who are parties to the act.
The sale must take place, in accordance with the draft act admitted by the justice of the peace or the court, in the presence of the justice of the peace of the canton of the situation of the property and, where applicable, the subrogated guardians, by the ministry of the notary committed by the order of the justice of the peace or the judgment of authorization. »
Art. 61. In Article 1194, paragraph 3, of the same Code, the words "as well as sales under Article 452 of the Civil Code" are replaced by the words "as well as sales under Article 410, § 1^erThe Civil Code."
Art. 62. Article 1195 of the same Code is supplemented by a third paragraph, which reads as follows:
“In the cases provided for in Articles 410, § 1^erand 488bis, (f), §§ 3 and 4 of the Civil Code, the justice of the peace may order the same measures. »
Art. 63. Section 1197 of the Code is supplemented as follows:
"or by the justice of the peace who authorized the sale in accordance with Article 410, § 1^er1°, Civil Code. »
Art. 64. In article 1198 of the same Code, the words "or the justice of the peace" are inserted between the words "by the president of the court of first instance" and ", upon request of a party".
Art. 65. Article 1199 of the same Code is supplemented by a third paragraph, which reads as follows:
"In the case of a trade fund wholly owned by incapable persons, the justice of the peace shall be proceeded before the justice of the peace as set out in paragraphs 1^er and 2. The expert is appointed by the justice of the peace at the request of one of the parties. »
Art. 66. Article 1204bis, as follows, is inserted in the same Code:
"Art. 1204bis. Where the alienation of furniture belonging in whole or in part to minors under guardianship, forbidden persons, to persons interned under the Social Defence Act or where such furniture is part of a vacant succession or of an accepted estate under the benefit of an inventory, persons who have the right to provoke such sale may apply to the justice of the peace for an authorization to sell the goods at will. Authorization is granted if the interest of protected persons requires it. The application for authorization is filed by a reasoned request, to which is attached a draft sales contract. Persons representing protected persons must be heard or duly called by judicial fold at least five days before the hearing. The justice of the peace may order the appearance of persons who are parties to the contract. A copy of the contract signed later must be forwarded to the justice of the peace. »
Art. 67. Chapter IX of Book IV, Part IV, of the same Code, entitled "Notices of the Family Council" and comprising sections 1232 to 1237, is replaced by the following provisions:
"CHAPITRE IX. - Guardianship of minors
Art. 1232. Without prejudice to the provisions of the Civil Code imposing or authorizing the ex officio seizure of the judge and subject to the provisions of section 1235, applications based on sections 389 to 420 of the Civil Code shall be filed by request.
Art. 1233. § 1^er. Articles 1026 to 1034 shall apply, subject to the following provisions:
1° the request is signed by the party or his lawyer;
2° the minor is summoned by the judge to be heard if he is twelve years old in the proceedings relating to his person and if he is fifteen years old in those relating to his property. The provisions of section 931, paragraphs 6 and 7, apply by analogy;
3° in the event of the application of article 394, paragraph 2, of the Civil Code, the order contains the name, first name and domicile of the major ascendants and brothers and sisters of the minor and, brothers and sisters of the minor's parents. These are considered to be intervening parties;
4° any decision shall be notified to the public prosecutor upon delivery;
5° an extract of the decision appointing the guardian is notified within eight days of the pronouncement in the town of the minor's home.
§ 2. The provisions of § 1^er, 2° to 5°, however, are not applicable in the case of appointment of an ad hoc guardian or a subrogated ad hoc guardian.
Art. 1234. If the act denoting a guardian will is discovered after the appointment of another guardian, the judge summons the two guardians in the board's chamber and decides.
Art. 1235. For the purposes of Article 399 of the Civil Code, the following provisions are also applicable:
1° The guardian whose dismissal is prosecuted is summoned to appear at the hearing established by the Justice of the Peace in Council Chamber. The citation exploit contains the grounds justifying the removal procedure. The guardian subrogated is heard.
2° Without prejudice to the application of article 391 of the Civil Code, the judge, by pronouncing dismissal, shall immediately apply to the replacement of the destituted guardian, in accordance with article 401 of the same Code.
These provisions apply by analogy to the procedure for the removal of the guardian subrogated, the guardian before in this case be heard.
Art. 1236. Any order of the justice of the peace may be appealed. The appeal of this order is attributed to a chamber composed of three judges.
Art. 1236bis. § 1^er. The request for a finding of the lasting impossibility of exercising parental authority is brought before the Court of First Instance by the King's Prosecutor. The latter acts ex officio or at the request of any interested person.
At the request are attached all the useful information, including the advice of the father and mother, that of the ascendants in the second degree and that of the major brothers and sisters of the minor child.
§ 2. The court orders the board's appearance of all persons that it considers useful to hear; he's made a record of their hearing. If one of the persons whose Crown counsel has obligatoryly collected the notice has issued an unfavourable opinion to the measure being considered, that person is also summoned and, if it appears, it may declare by simple act that they want to intervene. The summonses are addressed to the persons concerned by the clerk under judicial fold.
The 12-year-old is also heard separately.
§ 3. If the court is entitled to the application, the court decides whether the permanent impossibility of exercising parental authority results in the loss of the right of legal enjoyment set out in article 384 of the Civil Code for the father or mother.
A certified copy of the decision shall be notified by the Registrar to the competent justice of the peace. The latter shall proceed in accordance with the rules of guardianship.
§ 4. The appeal is filed by application filed at the court of appeal. The cause is instructed in the boardroom.
The time limit for appeal and appeal against the judgment is suspensive, as well as the time limit for filing and appeal against the judgment.
§ 5. The release application is filed by a request from the father and mother acting jointly or separately.
The clerk sends the request to the King's Attorney. It collects all relevant information, including the opinions of persons referred to in paragraph 1^erparagraph 2, and the guardian and guardian subrogated. The King's Attorney shall transmit to the court the request with this information and his opinion.
The court then proceeds in accordance with § 2.
If the application is granted, a true copy of the decision shall be notified by the Registrar to the Court of Justice and the guardianship shall end on the date of the minutes provided for in Article 415, paragraph 2, of the Civil Code.
Art. 1237. An individual case file is open to the Peace Court Registry for each child under guardianship.
All requests, orders and other acts relating to guardianship shall be filed at their date.
If necessary, the Registrar shall establish certified true copies of the documents required for the filing in separate files. »
Art. 68. Section 1242 of the same Code is replaced by the following provision:
"Art. 1242. On the findings of the King's Prosecutor, the court, if the facts are relevant, hears in the board's chamber any person whose hearing it considers useful, including the spouse, father and mother and descendants of the person whose prohibition is sought. »
Art. 69. Section 1243 of the same Code is repealed.
Art. 70. Article 1244, paragraph 1^erthe same Code is replaced by the following provision:
"In the eight days of the closing of the minutes of the hearing of the persons referred to in section 1242, the judge commits one or more neuropsychiatric doctors to the effect of examining the defendant and reporting to him on his condition. »
Art. 71. Section 1251 of the same Code is replaced by the following provision:
"Art. 1251. If there is no appeal of the prohibition judgment or if it is confirmed on the appeal, a certified copy of the decision is notified by the clerk to the competent justice of the peace. The latter shall proceed in accordance with the rules of guardianship.
The provisional administrator appointed pursuant to section 1246 shall cease his or her duties and report to the guardian, if he or she is not. »
CHAPTER XIV. - Amendment of the Commercial Code
Art. 72. Section 8 of the Trade Code is repealed.
CHAPTER XV. - Amendment of the Criminal Code
Art. 73. Section 31, 5°, of the Penal Code is replaced by the following provision:
« 5° To be called to the duties of guardian, guardian or curator, except for their children; as well as performing the functions of judicial council or provisional administrator. »
CHAPTER XVI. - Amendments to the Youth Protection Act of 8 April 1965
Art. 74. Section 33, paragraph 3, of the Youth Protection Act of 8 April 1965, is replaced by the following provision:
"In addition, the total loss results in the general inability to be a guardian, guardian, guardian or curator. »
Art. 75. In section 35 of the Act, as amended by the Act of 21 March 1969, the following amendments are made:
1° to paragraph 1^erthe words "legitimation by adoption" are replaced by the words "the plenary adoption";
2° in paragraph 2, the words "to the administration of the guardian and the accounts of the guardianship" are replaced by the words "to the operation of the guardianship and the accounts of the guardianship".
Art. 76. Section 44, paragraph 4, 2°, of the Act, replaced by the Act of 2 February 1994, is replaced by the following provision:
"2° that in whose jurisdiction guardianship was organized in accordance with articles 361, § 3, 367, § 7, 478 and 479 of the Civil Code. »
Art. 77. In section 45, 1, of the Act, amended by the Acts of March 21, 1969 and February 2, 1994, the words "member of the family council" are deleted.
CHAPTER XVII. - Amendments to the Act of 16 May 1900 amending the estate regime of small inheritances
Art. 78. In article 3, paragraph 1^er, from the law of May 16, 1900 amending the estate regime of the small inheritances, as amended by the law of May 14, 1981, the words "but of the compliant opinion of the family council" are deleted.
Art. 79. In section 4, paragraph 2, of the Act, the words "with the authorization of the justice of the peace and the proper advice of the family council" are replaced by the words "with the authorization of the justice of the peace tutelary".
CHAPTER XVIII. - Amendment of the Act of 29 August 1988 on the estate regime of farms to promote its continuity
Art. 80. In section 2 of the Act of 29 August 1988 on the estate regime of farms in order to promote continuity, the words "with the authorization of the justice of the peace and the compliant opinion of the family council" are replaced by the words "with the authorization of the guardian justice of the peace".
CHAPTER XIX. - Amendment of the Act of 21 August 1816
Art. 81. Section 10 of the Act of 21 August 1816, which was maintained in force by section 25 of the Act of 31 May 1824 with some new provisions relating to the collection of stamp and registration fees, is repealed.
CHAPTER XX. - Amendments to the Act of 8 July 1976 organic of public welfare centres
Art. 82. Section 65 of the Act of 8 July 1976, which is organic, is replaced by the following provision:
"In the cases referred to in the preceding two articles, the Social Assistance Council shall designate a person among its members who shall serve as guardian and a person who shall serve as guardian subrogated. »
Art. 83. In article 68, 2°, of the same law, the words "of legitimation" are deleted.
CHAPTER XXI. - Amendment of the legal provisions concerning fermented beverage flows, coordinated by the Royal Decree of 3 April 1953
Art. 84. Article 1^er10°, legal provisions concerning fermented beverage flows, coordinated by the Royal Decree of 3 April 1953, inserted by the law of 6 July 1967, the words "with the exception of emancipated minors who have been duly authorized to trade" are deleted.
CHAPTER XXII. - Amendment to the Registration, Mortgage and Registry Rights Code
Art. 85. Section 162, 42°, of the Code of Registration, Mortgage and Registry Rights, as amended by the Act of 12 July 1960, is replaced by the following provision:
"42° acts, judgments and judgments relating to the guardianship procedures of minors, extended minors or prohibited persons".
CHAPTER XXIII. - Amendment of the Code of Stamp Rights
Art. 86. Section 59-1, 56°, of the Stamp Rights Code, replaced by the Act of 12 July 1960, is replaced by the following provision:
"56° acts relating to the guardianship procedures of minors, extended minors or prohibited persons".
CHAPTER XXIV. - Amendment of the law of 1^er July 1964 social defence in respect of abnormals, habitual offenders and perpetrators of certain sexual offences
Art. 87. Article 29, § 1^erParagraph 2 of the Act of 1^er July 1964 of social defence in respect of abnormals, ordinary offenders and perpetrators of certain sexual offences, the words "in this case the justice of the peace shall appoint only after the deliberation of the family council summoned by him" shall be deleted.
CHAPTER XXV. - Amendment of the Act of 31 December 1851 on consulates and consular jurisdiction
Art. 88. Section 13 of the Act of 31 December 1851 on consulates and consular jurisdiction is replaced by the following:
“Art. 13. § 1^er. It does, within the limits of diplomatic practices and conventions, all provisional acts, in the event of the absence or death of a Belgian in a foreign country and the sinking of a Belgian ship.
§ 2. In the event of the opening of the guardianship of a Belgian minor residing in a foreign country, the organization and supervision of this guardianship is the responsibility of the justice of the peace of the first canton of Brussels.
As soon as he becomes aware of the opening of a guardianship in his consular district, the consul immediately informs the justice of the peace and transmits to him all relevant information concerning the heritage and personal situation of the minor.
The consul assumes an intermediary task between, on the one hand, the justice of the peace and, on the other, the guardian, the guardian and the minor. Any request, act of procedure or request for information shall be transmitted by him.
CHAPTER XXVI. - Final provisions
Section 1^re. - Transitional provisions
Art. 89. § 1^er. Guardianships of minors organized prior to the coming into force of this Act, pursuant to sections 390 and 395 of the Civil Code, shall end on the day this Act comes into force. Mortgage registrations ordered by the family council pursuant to section 49 of the Act of 16 December 1851 on the revision of the mortgage regime, on the property of the father or mother in their capacity as legal guardian of their minor children will be destroyed one year after the coming into force of this Act.
§ 2. 1° Subject to the provisions set out in 2°, guardianship of juveniles organized, before the coming into force of this Act, on the basis of sections 397, 402 and 405 of the Civil Code, those of prohibited persons and minors who were extended after the death of the father and mother, after the death of the only parent in respect of which filiation is established or in the case of replacement of parental authority by guardianship, shall continue to make decisions for six months,
2° By derogation from 1°, Article 410 of the Civil Code is of immediate application to current guardianships.
3° Within six months of the date of entry into force of this Act, the accounts of these guardianships shall be arrested on the date that the tutelary justice of the peace shall establish by order.
These accounts will be deposited in the individual record of the procedure provided for in Article 1237 of the Judicial Code.
4° The Justice of the Peace shall determine the date of appearance in the Chamber of the Guardian Council and subrogated as a guardian and, after hearing them, shall make an order on the basis of section 407 of the Civil Code, with special reference to the decisions that would alter the decisions taken previously by the Family Council.
The order of the justice of the peace referred to in the preceding paragraph shall be effective six months after this Act comes into force.
5° After the expiration of the six-month period set forth above, all guardianships of minors, extended minors and prohibited persons shall be subject to the provisions of this Act, with the exception of the authorizations provided for in Article 410 of the Civil Code which shall be requested in accordance with the new rules as soon as the law comes into force.
Section 2. - Entry into force
Art. 90. This Act comes into force on the first day of the third month following the one in which it was published in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 29 April 2001.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Session 1999-2000.
Room
Documents. - Bill 50-576, No. 1. - Amendments 50-576, n^bones 2 to 8. - Report 50-576, No. 9. - Text adopted by the Committee (Article 77 of the Constitution) 50-576, No. 10. - Text adopted by the Committee (Article 78 of the Constitution) 50-576, No. 11. - Amendment 50-576, No. 12. - Text adopted in plenary and transmitted to the Senate 50-576, No. 13.
Annales. - 6 July 2000.
Senate
Documents. - Project transmitted by the House of Representatives 2-509, No. 1.
Session 2000-2001.
Senate
Documents. Amendments 2-509, n^bones 2 to 5. - Report 2-509, No. 6. - Text adopted by Commission 2-509, No. 7. Amendment 2-509, No. 8. - Supplementary report 2-509, No. 9. - Text adopted by Commission 2-509, No. 10. - Text amended by the Senate and referred to House 2-509, No. 11.
Annales. - 18 January 2001.
Documents of the House of Representatives:
50-576 - 2000/2001:
No. 14: Draft amended by the Senate.
N 15-19: Amendments.
Number 20: Report.
No. 21: Text adopted by the commission.
No. 22: Text adopted in plenary and referred to the Senate.
Full report: 14-15 March 2001.
Documents of the Senate:
2-509 - 2000/2001:
No. 12: Project reworked by the House of Representatives.
Number 13: Report.
No. 14: Text corrected by the commission.
Number 15: Decisions to join the project brought back by the House of Representatives.
Annales of the Senate: March 29, 2001.