29 MAI 2000. - An Act to establish a central file of notices of seizure, delegation, assignment and collective settlement of debts and to amend 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. Sections 1390, amended by the Acts of 10 January 1975 and 14 January 1993, 1390bis, inserted by the Act of 31 March 1987 and amended by the Act of 14 January 1993, 1390ter, inserted by the Act of 14 January 1993, 1390quater, inserted by the Act of 31 March 1987 and amended by the Act of 14 January 1993, 1391, replaced by the Act of 14 January 1993 and 1390quine^erbis, comprising articles 1389bis/1, to 1391, as follows:
CHAPTER I^erbis. - Central file of notices of seizure, delegation of assignment and collective settlement of debts
Section I^re. - Institution of a central file of notices of seizure, delegation, assignment and collective settlement of debts
Art. 1389bis/1. The central file of notices of seizure, delegation, assignment and collective settlement of debts is the computerized data bank centralizing the notices of seizure, delegation, assignment and collective settlement of debts referred to in Articles 1390 to 1390quinquies. This data bank is referred to as the "review file".
Art. 1389bis/2. The National Chamber of Judicial Officers, referred to in Article 549, referred to as the "National Chamber" in this section, shall be considered, with respect to the file of notices, as the person responsible for processing, within the meaning of Article 1^er, § 6, of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing.
Art. 1389bis/3. Individuals who can directly record, view, modify, process or destroy the data in the notice file are named in a computerized registry kept up to date by the National Chamber.
Art. 1389bis/4. Whoever, in any event, participates in the collection, processing or communication of data recorded in the notice file or is aware of such data, is required to respect the confidential nature of the information. Section 458 of the Criminal Code applies to him. Departmental officers acting in charge of the same debtor are, however, released from this obligation for the exchange enters information concerning that debtor or concerning those who share a community or an indivision with it.
Art. 1389bis/5. In order to monitor the accuracy of the data entered in the notice file and to keep it up to date, the National Chamber has access to the information referred to in Article 3, paragraph 1^er, 1°, 2°, 5° and 7°, of the law of 8 August 1983 organising a national register of natural persons and can use the identification number of this register. However, it cannot communicate the number to third parties in any form.
The King determines how the computer data in the national registry are transmitted to the National Chamber. It may also establish terms and conditions for the use of the national registry number by the National Chamber.
Art. 1389bis/6. The registration of data in the notices file is done without charge.
In order to cover the costs resulting from the maintenance of the notice and operation file of the Management and Oversight Committee referred to in section 1389bis/8, the disclosure of the data recorded in this file to lawyers, judicial officers, notaries and debt ombudsmen shall result in the collection of a fee to which the Minister of Justice determines the amount, conditions and modalities of collection after taking the opinion of the Management Committee and
Royalties are payable to the National Chamber and collected by the National Chamber.
The amount of the royalty referred to in paragraph 2 is fully adjusted to the evolution of the Consumer Price Index, 1^er January of each year, according to the following formula: the new amount is equal to the base amount, multiplied by the new index and divided by the starting index.
The starting index is that of December of the year in which the amount of the fee was determined. The new index is that of December of the year preceding January 1 of the year in which adaptation takes place.
The result is rounded to the upper unit.
Art. 1389bis/7. At the request of the Minister of Justice, ministers with the economy in their responsibilities, the Legislative Chambers, the Community and Regional Councils and the Office of the Plan, as well as, after the advice of the Management and Oversight Committee, of any interested person or agency, the National Chamber shall provide them with anonymous data, useful for research relating to conservatory seizures, enforcement channels and collective debt settlement. Codated data may only be disclosed in accordance with the rules applicable to the protection of privacy with respect to personal data processing.
Section II. - Management and monitoring
Art. 1389bis/8. The Department of Justice has established a Management and Monitoring Committee for the Central File of Notices of Seizure, Delegation, Disposal and Collective Debt Settlement, referred to as "Management and Monitoring Committee".
The Management and Oversight Committee is chaired by a judge of seizures or an emeritus magistrate or magistrate who may justify an effective experience of at least two years in relation to seizures. The Committee is also composed of a lawyer and an informatician representing the Minister of Justice and appointed by him, a clerk of a court of first instance appointed by the Minister of Justice, a member of the board of private life appointed by that commission, of a representative of the National Bank of Belgium designated by its governor, of a lawyer designated by the general council of the National College of Lawyers
The Management and Oversight Committee can only validly deliberate if at least half of its members are present.
The decisions of the Management and Oversight Committee shall be taken by a majority vote. In the event of parity, the president's voice is preponderant.
Members of the Committee shall be appointed for a period of four years, renewable.
For each member of the Committee, an alternate shall be appointed in the same manner as for the actual members.
If the term of office of an effective member or an alternate member ends before the end of the term, the term shall be replaced. The alternate completes the mandate of his predecessor.
The Management and Oversight Committee shall establish and determine its rules of procedure, which shall be approved by the Minister of Justice and Public to the Belgian Monitor.
Art. 1389bis/9. The Minister of Justice shall, for the President and the members of the Management and Oversight Committee, establish the amount and conditions for the granting of attendance tokens, residence allowances and the conditions for reimbursement of their travel expenses. All costs of the Committee are borne by the National Chamber.
Art. 1389bis/10. § 1^er. The Management and Oversight Committee shall:
1° to ensure and contribute to the effective and safe operation of the central file in accordance with the provisions of this chapter;
2° to give notice of the execution orders referred to in articles 1389bis/6 and 1391, § 3, and of the requests referred to in article 1389bis/7;
3° to give the Minister of Justice and at his request a notice of any matter relating to the notice file;
4° to give an opinion, ex officio or pursuant to a request made in accordance with Article 1389bis/13, on any difficulty or dispute arising from the application of this chapter and its enforcement measures;
5° order the National Chamber to render inoperative the individual codes of access to the notice file in accordance with 1389bis/14.
§ 2. The member of the Privacy Commission has the same tasks and competencies as the other members of the Management and Oversight Committee, but also ensures coordination between the Committee ' s activities and those of the Privacy Commission as they interfere.
Whenever the member referred to in the preceding paragraph is responsible for the coordination he or she is responsible, he or she may request the Committee to adjourn a notice, a decision or a recommendation and to submit the matter to the Privacy Commission in advance.
In the case of such a request, the discussion of the file is suspended within the Management and Oversight Committee and the file is immediately notified to the Commission. Upon receipt of the file, the Board shall have a period of thirty free days to communicate its notice to the Management and Oversight Committee. If this deadline is not met, the Committee may issue its opinion or decision without waiting for the Commission's opinion.
The Commission's view is explicitly mentioned in the Board's advice, decision or recommendation.
Art. 1389bis/11. Each year, the Management and Oversight Committee reports on the performance of its missions over the past year. This report contains suggestions regarding the opportunity to modify the advertising system that is implemented using the notice file.
The report also includes an analysis of revenues and expenditures related to the notice file.
The report is provided to the Legislative Chambers and the Minister of Justice.
Art. 1389bis/12. § 1^er. The Management and Oversight Committee may collect all information necessary to carry out its tasks referred to in Article 1389bis/10, § 1^er. To this end, it may conduct hearings and require the production of relevant documents; It also has access to the notice file and all data relating to its operation. Persons heard or required to produce documents are entitled to disclose data that fall under the guise of professional secrecy.
§ 2. If the Management and Oversight Committee deems it useful to carry out its tasks referred to in Article 1389bis/10, § 1^er, it may inform the disciplinary authority or supervisor of the negligence and misconduct of persons referred to in section 1389bis/3; it may also be responsible for investigating and submitting a written report within the time limit.
If, as part of the execution of his duties, the Management and Oversight Committee is aware of a violation of articles 1389bis/15 and 1389bis/16 or other offence, it shall inform the competent King's Prosecutor.
§ 3. Section 1389bis/4 is applicable to the members of the Management and Oversight Committee for all information they have received in the performance of their duties, as well as to the individuals to whom the Committee discloses such data in the performance of its duties.
Art. 1389bis/13. Any person may address in writing to the Management and Oversight Committee to report facts or situations that, in his or her opinion, require the intervention of the Oversight Committee or make any useful suggestions.
Unless the person who has addressed to him has agreed, the Committee cannot reveal the identity or mode of seizure.
The Management and Oversight Committee shall communicate to the applicant referred to in paragraph 1 the data it considers useful.
Art. 1389bis/14. In the expectation of the results of the measures referred to in Article 1389bis/12, the Committee may enjoin the National Chamber to render, for a maximum period of one year, only once prorogable, the individual access code referred to in Article 1391, § 4, to the notice file, where there are reasonable indications that the holder has not complied with Articles 1389, § 491, § 1391, § 1391. Except in case of absolute necessity, the interested person is first heard.
Where, pursuant to paragraph 1, the individual access code of a judicial officer has been rendered inoperative, the auditor may only access the notice file under the control and intervention of the trustee or member of the board of the borough board designated by the trustee.
Art. 1389bis/15. A fine of one hundred to five thousand francs is imposed on the organs or officers of the National Chamber who:
1° did not take all measures to ensure the security and confidentiality of processed personal data;
2° did not maintain the individual register referred to in 1389bis/3.
Art. 1389bis/16. A prison term of eight days to six months and a fine of one hundred to five thousand francs or only one of these penalties shall be punished:
1° contrary to the provisions of Article 1391, § 4, and apart from the cases provided by or under the law, knowingly disclosed their individual access code;
2° contrary to the provisions of section 1389bis/4 and apart from the cases provided by or under the law, did not respect the confidential nature of the data recorded in the notice file;
3° have consulted the file of the notices, without being in one of the cases referred to in Article 1391, § 1^er, or used the data from the file to an end other than that which could justify access to the file.
Art. 1389bis/17. The judge may decide that the convicted person is deprived of the right to use the individual access code for a maximum of five years.
Where, under paragraph 1 the individual access code of a judicial officer has been rendered inoperative, the auditor may only access the notice file under the control and intervention of the trustee or member of the board of the borough board designated by the trustee.
Art. 1389bis/18. All provisions of Book 1 of the Criminal Code, including Chapter VII and Article 85, but except Chapter V are applicable to offences referred to in Articles 1389bis/15 and 1389bis/16.
Section III. - Registration, communication
and data consultation
Art. 1390. § 1^er. Where a pre-entry-entry command is transcribed or when a seizure of movable or immovable property is practised or when there has been a finding of deficiency, the court officer shall, under his reponsability to the notice file, not later than three working days after the act, give notice that:
1° the name, first name, domicile, or name, legal nature and seat, date of birth and/or number of registration at the T.V.A. and the elected domicile of the applicant;
2° the name, first name, domicile, default of domicile, residence, or name, legal nature and seat, date of birth and/or number of the trade register and the registration number to the seized debtor's T.V.A.;
3° the date and type of seizure, the place where it was practised and, where applicable, the date of its service to the seized debtor;
4° where applicable, the identity and domicile or seat of the seized third party;
5° the nature and amount of the seizing debt, as well as the possible causes of preference if it is purchased;
6° where applicable, a brief description of the nature of the seized tangible furniture;
7° if there has been a lack of evidence, the mention that the seizureable property of the debtor is clearly insufficient to cover the costs of the proceedings;
8° the identity of the judicial officer who bears the responsibility for the enforcement procedure and who, as a result, shall, if any, be responsible for distributing the amounts.
Notice of seizure, as provided in paragraph 1^er, shall be established and sent by the Registrar or the Receiver for Recovery when the procedure is implemented by their care.
§ 2. When a seizure has already been made, any creditor whose debt may be counted under section 1628, paragraph 1^er, may, through the Clerk or a judicial officer, appeal to the notice file, to a notice containing the relevant references provided in § 1^er and containing the references provided for in section 1629, paragraph 1^er1° and 2°.
Art. 1390bis. When a delegation is granted under articles 203ter, 220, § 3, 221, 301bis of the Civil Code or 1280, paragraph 6, of this Code, a notice of delegation shall be within three working days of the notification or meaning established by the Registrar or by the judicial officer, as appropriate, and sent to the notice file.
The opinion of delegation relates:
1° the name, first name, occupation and domicile and the date of birth of the delegate;
2° the name, first name and domicile, if no domicile, residence and date of birth of the delegant;
3° the identity and domicile or seat and, where applicable, the date of birth of the delegated third party;
4° the amount, conditions, limits and cause of the delegation.
When a delegation is requested under articles 203ter, 220, § 3, 221, 301bis of the Civil Code or 1280, paragraph 6, of this Code, the Registrar of the Court in question shall, at no cost, consult the notices provided for in this article, as set out in article 1391. If there is one, the Clerk shall determine the record that he attaches to the record.
If the income or amounts on which the request is made are already the subject of a delegation or seizure because of food, the clerk shall notify the beneficiary of the delegation or the applicant, in order to put it to the cause, a copy of the request or summons with invitation to appear.
The defendant may also bring to the cause creditors to whom he was sentenced to pay for food but who do not benefit from a delegation or have not been seized.
The parties heard, the judge shall determine, if necessary, the distribution to be made between the persons entitled to food.
Art. 1390ter. In the event of an assignment of remuneration, the judicial officer required, with a certificate of transferee establishing the existence of the arrears of payment, shall, under his responsibility, address to the file of notices, not earlier than the day of sending the notification referred to in section 28, 1°, of the Act of April 12, 1965 on the protection of the remuneration of workers, a notice of assignment stating:
1° the name, first name, domicile or name, legal nature and seat, date of birth and/or number of registration at the assignee's T.V.A.;
2° the name, first name, date of birth and domicile of the assignor;
3° the identity and domicile, in the absence of domicile, residence or name, legal form and seat, of the assigned debtor;
4° the amount of the payable balance of the receivable of the assignee;
5° where applicable, the mention of the assignor's opposition and the subsequent ruling.
When an assignment of amounts referred to in Articles 1409, 1409bis and 1410, § 1^er, is carried out pursuant to section 1690 of the Civil Code, the judicial officer required, with a certificate from the assignee establishing a arrears of payment, shall address the notice file, under his or her responsibility, at the earliest of the day of the service or notification of the assignment to the assignee or at the earliest of the day of the recognition by the assignee, a notice bearing the records referred to in paragraph 1^er.
The assignment referred to in subparagraphs 1^er and 2 is only enforceable to third parties other than the debtor transferred from the time of receipt of the notice of assignment to the notice file.
Art. 1390quater. § 1^er. Within twenty-four hours of the determination of eligibility referred to in 1675/6, the Registrar shall address the notices file, a notice of collective settlement of debts referring to:
1° the name, first name, date of birth and domicile of the applicant;
2° the name, first name, occupation and domicile and/or office, or the name and seat of the debt mediator;
3° the date of the eligibility decision;
4° the judge of territorially competent seizures and the reference of the registry.
§ 2. The debt mediator shall mention by the clerk on the notice of collective settlement of debts:
1° the date of the revocation of the eligibility decision;
2° the date of the decision to replace the debt mediator;
3° in the case of amicable settlement plan, the date of the decision making the agreement, the date on which the minutes referred to in 1675/11, § 1^erParagraph 1^er, is transmitted to the judge, the term of the collective debt settlement plan and the date of revocation of the collective debt settlement plan;
4° in the event of a judicial settlement plan, the date of the withdrawal imposing the collective debt settlement plan, the date of the decision to reject the application, the term of the collective debt settlement plan and the date of revocation of the collective debt settlement plan.
In all these cases, the debt ombudsman addresses, the intervention of the Registry or a judicial officer, without delay, to the notice file, a notice that also recounts the names, names, date of birth and domicile of the applicant concerned, as well as the reference to the notice of collective settlement of the debts concerned.
Art. 1390quinquies. No handover or distribution of seized, cash or seized-in-arrested money, or from the sale of seized furniture or immovables, may take place only in accordance with the provisions of articles 1627 to 1654.
When the distribution has become final, the judicial officer or the notary who has issued the notice of distribution by contribution or order, shall mention it, in the manner determined by the King, on the notice concerned, in the notice file.
Art. 1390sexies. The King determines the terms of sending any notice to the notice file. The models of the notices are established by the King.
Art. 1390s. The date and time of receipt of the information set out in sections 1390 to 1390quater are listed in the notice file.
When the seizure or opposition is carried out by companies or persons registered in the register of trade in a district, a copy of the notice relating thereto shall be sent in accordance with the terms determined by the King by the notice file, no later than the first day after its receipt, to the Registry of the Commercial Court of that district.
The notices are kept in the notice file for a period of three years from the event that gave rise to the notice, without prejudice, if it is purchased, to the deletion of the notice before, or to the initiative of the persons referred to in Article 1391, § 1^er in case of payment, be amiably or by decision of the judge. They are perished in full right at the expiry of this period unless, no later than ten days before that expiry, a notice of suspension or renewal has been sent to the notice file specifying the reason for suspension or renewal.
When the notice mentions the opposition of another creditor on the basis of Article 1390, §2, its deletion may not take place without its consent unless ordered by a court decision. The opposing creditor may also request the renewal of the notice.
By derogation from paragraph 3, the notice referred to in section 1390quater is retained in the notice file until the end of the collective debt settlement plan. It is terminated at the time of receipt of a notice referred to in section 1390quater that refers to the revocation of the eligibility decision or plan, or that mentions the rejection of the application for a collective debt settlement.
The King determines the retention period of data on notices of seizure, delegation, assignment and collective settlement of debts after their deletion of the notices and data file relating to transactions relating to such notices.
Art. 1391. § 1^er. Lawyers, the intervention of the National Bar Association or the Registry of the Court of First Instance, the judicial officers and the receivers of the administration of Direct Contributions and the administration of the T.V.A., the Recording and the Domains, responsible for conducting a recovery procedure on the merits or by way of seizure against a specified person, may take note of the notices provided for in sections 1390 to 1390qua
Notaries, at the intervention of the Royal Federation of Notaries of Belgium, are authorized to consult the notices provided for in articles 1390 to 1390quater established on behalf of persons whose property must be the subject of an act under their ministry.
Debt mediators may be familiar with the fulfilment of their legal duties, the notices referred to in sections 1390 to 1390quater established on behalf of the applicant-debiter and on behalf of those who share a community or an indivision with him. The consultation is carried out for lawyers, judicial officers and notaries in the manner determined in the preceding paragraphs and for other debt mediators, at the intervention of the court of first instance concerned.
Judges of seizures and registrars may consult for the fulfilment of their legal duties the notices provided for in articles 1390 to 1390quater established on behalf of one or more of the parties concerned.
§ 2. No seizure or execution, no distribution procedure may be initiated without prior consultation by the departmental officer of the notices established pursuant to sections 1390 to 1390quater.
For this purpose, the seizure operation or the minutes of distribution by contribution or order mention the date and time at which the departmental officer consulted the notices or reproduced in the appendix the certificate containing these statements issued by the notice file.
§ 3. The direct or indirect consultation of the notices provided for in Articles 1390 to 1390quater shall be carried out in accordance with the terms determined by the King.
§ 4. Access to the data recorded in the notice file is done through individual access codes. The holders of these codes may not disclose them to anyone and are personally responsible for the use of them.
§ 5. Any request to consult the notice file is admissible only if it mentions:
1° in addition to the access code, name, name and professional address of the applicant referred to in § 1^er;
2° where applicable the name, first name and domicile of the creditor or, its name, legal nature and seat;
3° the name, first name, domicile, if no domicile, residence or name, legal nature and seat, date of birth and/or number of registration to the person on whom the consultation is conducted;
4° the subject matter of the application, justified in accordance with § 1^er;
5° where applicable, the date of the last dependant act of the person who is the subject of the recovery procedure or the seizure referred to in § 1^erParagraph 1^er.
§ 6. All persons registered in the notice file have a right of access and a right of rectification in accordance with sections 10 to 15 of the Privacy Protection Act of 8 December 1992 in respect of personal data processing. "
Art. 3. Sections 1392 to 1394 of the same Code are inserted in Part 5, Title 1 in Chapter I^erter titled "Other provisions".
Art. 4. In Part Five, Part One, Chapter IV, of the same Code, an article 1407bis is inserted, as follows:
"Art. 1407bis. Where in respect of the assignment of remuneration arises a conflict of rank between assignees, the assigned debtor is required, either by initiative or at the latest at the first requisition of the parties concerned, to pay the debts liable, or in the hands of a judicial officer required under section 1390ter, or in the hands of a registered or committed receiver. »
Art. 5. Section 1424, 3° of the same Code is repealed.
Art. 6. Article 1494 of the same Code is supplemented by a paragraph written as follows:
"However, when it is practiced in order to obtain the payment of terms due to a periodic revenue claim, the seizure may also take place to obtain the payment of the terms to echo as they expire. »
Art. 7. Section 1499 of the same Code is replaced by the following provision:
"Art. 1499. Any seizure and execution is preceded by a command to the debtor, made at least one day before the seizure and containing, if the title consists of a judicial decision, the meaning of the debtor, if it has not yet intervened. »
Art. 8. Section 1502 of the same Code, as amended by the Act of 14 Jan. 1993, is replaced by the following provision:
"Art. 1502. The mobilising seizure and execution exploit barely reproduces the text of articles 1408, § 3, and 1526bis as well as articles 490bis and 507 of the Criminal Code.
The deed must contain in very apparent characters the indication of the time limits prescribed by Article 1408, § 3, paragraph 1^er and Article 1526 bis, paragraph 2. »
Art. 9. Section 1514 of the same Code is replaced by the following provision:
"Art. 1514. Anyone who claims to be the owner of all or part of the seized objects may object to the sale by exploit served to the seizing, the seized debtor and the judicial officer and containing quote from the seizing and the seized debtor, with announcing in the exploit of proof of property, barely nullity.
The application is suspensive of the prosecution. It will be decided by the judge of the seizures.
The Clerk shall notify, under judicial fold, of any other seizing persons, of a copy of the summons with invitation to appear.
The judgment is deemed contradictory to all parties. The successor is condemned, if any, to the damages and interests of the seizing person.
The judicial officer to whom the claim has been served shall, by the next working day, inform the file of the notices that completes the notice of seizure concerned by mentioning the incident, the identity of the claiming party and, where applicable, that of its counsel and the judge who is seized of it.
The Registry of the seized jurisdiction shall address the file of notices, no later than the first working day following its pronunciation, the device of any judgment or judgment adjudicating on the application so that the file of notices indicates on the notice of seizure concerned the fate reserved for the action in claim. »
Art. 10. In section 1524 of the same Code, paragraphs 2 and 3 are replaced by the following:
"If the sale does not take place on the fixed date, the seizing can, presumption made to the first seizing and without forming any request for subrogation, make the sale proceed. The same faculty is recognized to the opponent creditor with an enforceable title; in this case it may, presumption made to the seizing person and without forming any request for subrogation, make the sale of the seized property proceed by the instrumenting judicial officer.
The report of re-schooling is denounced in the notices file in the form of a notice of seizure referred to in article 1390, § 1^er. »
Art. 11. In section 1526bis of the same Code, inserted by the law of 14 January 1993, the following amendments are made:
1° in paragraph 2, the words "justifiably" are replaced by the words "nearly due";
2° Paragraph 3 is replaced by the following provision:
"If the judicial officer considers these proposals insufficient or if the creditor determines that they are insufficient, he went beyond the request for amicable sale. »;
Paragraph 7 is replaced by the following provision:
"The minutes are sent to the notice file in the form of a notice referred to in Article 1390, § 1^er. »
Art. 12. In Part 5, Part III, Chapter IV, of the same Code, an article 1543bis is inserted, as follows:
"Art. 1543bis. The opponent of an executory title may, prior summation to the seizing party and without any subrogation request, make the judicial officer proceed, by the judicial officer instrumenting the divestiture of the seized third party in accordance with Article 1543. »
Art. 13. Section 1544 of the same Code is replaced by the following provision:
"Art. 1544. If the denunciation of the seizure has not been made either to a person or to a real domicile or to an elected debtor, or in accordance with Article 38, § 1^er, the seized third party is only required to empty his hands as long as the seizing creditor has previously obtained the judge's visa. The court may, if applicable, commit a judicial officer to make a new denunciation. »
Art. 14. Section 1562 of the Code, repealed by the Act of 14 July 1976, is reinstated in the following wording:
"Art. 1562. By derogation from the common law, the expropriation of buildings in order to obtain the payment of a common debt or a clean debt that commits the common heritage continues against husband and wife. »
Art. 15. Section 1581 of the same Code, as amended by the Act of 24 June 1970, is supplemented by the following paragraph:
"The Registry mentions on the notice of seizure the name of the notary invested. »
Art. 16. In article 1641, paragraph 2 of the same Code, the words "at the Caisse des Dépôts et Consignations" are replaced by the words "at the notary in charge of the order procedure or at the Caise des Dépôts et Consignations".
Art. 17. Section 1642 of the same Code is replaced by the following provision:
"Art. 1642. Until the expiry of the time limit for the preparation of the notice of distribution or order, creditors with enforceable title may object to the price.
The opposition must be made either by exploiting judicial officers served on the notary who was committed, or by declaration before the notary.
The notice of opposition contains the denunciation of the cause of the debt and its amount, as well as the election of domicile in the district where the notary committed is domiciled. »
Art. 18. Section 1643, paragraph 3, of the same Code is repealed.
Art. 19. In section 1644 of the same Code, the following paragraph is inserted between paragraph 1^er and paragraph 2:
"The creditors whose existence is revealed by the only consultation of the notices established under sections 1390 to 1390quater are associated with the procedure if a dividend is likely to be awarded to them; otherwise, they do not receive the summation referred to in paragraph 1^er If, previously informed of this situation by the notary, they require the notary to be involved in the proceedings. »
Art. 20. Section 1647, paragraph 2, of the same Code is replaced by the following provision:
"The judge may, at any time, on a unilateral request of the adjudicator and provided that the rights of the litigant parties are not at risk, order the deletion of all existing registrations and transcripts encumbering the award-winning building, to be dependant on the adjudicator to have previously released, in accordance with section 1641. »
Art. 21. Section 1651 of the same Code is repealed.
Art. 22. Section 1652 of the same Code is repealed.
Art. 23. Section 1653 of the same Code is replaced by the following provision:
"Art. 1653. At any stage of the proceedings, the registration made by the curator under section 35 of the Mortgage Act of 16 December 1851, is entirely terminated at the diligence of the adjudicator who justifies either the payment of the price to the creditors, or, in default of payment, a liberating payment of the entirety of the sums held.
The notary shall, for this purpose, issue a certificate recognizing the payment or the free payment.
On the production of this certificate, all existing registrations and transcripts dependant on the seized property are striped ex officio. »
Art. 24. In 1675/7, § 6 is replaced by the following provision:
Ҥ 6. The effects of the Eligibility Decision shall take place on the first day following receipt of notices of the collective debt settlement notice referred to in section 1390quater. "
Art. 25. In Article 1675/9, § 1^er, 2°, the words "and the attachments" are deleted.
Art. 26. In Article 1675/10, § 1^er is replaced by the following provision:
« § 1^er. The debt mediator shall, in accordance with Article 1391, receive notices of seizure, delegation, assignment and collective settlement of debts established on behalf of the debtor. "
Art. 27. In Article 1675/14, § 3 is replaced by the following provision:
“§3. The debt mediator shall mention without delay the notice of collective settlement of debts the mentions referred to in Article 1390quater, § 2. "
Art. 28. For a period of three years, from the date of entry into force of this Act, notices referred to in sections 1390, 1390bis, 1390ter, 1390quater and 1390quies of the Judicial Code, established before the date of entry into force of this Act, may be consulted in accordance with section 1391 in force of the Judicial Code.
Art. 29. The King shall determine the effective date of each provision of this Act.
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 May 2000.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Regular session 1998-1999.
House of Representatives:
Parliamentary documents. - Bill No. 1969/1 of 8 February 1999. - Amendments, n^bones 1969/2 to 1969/4. - Report of March 31, 1999 by Mr. Vandenbossche, No. 1969/5. - Text adopted by the commission, no. 1969/6. - Text adopted in plenary and transmitted to the Senate, No. 1969/7.
Annales parliamentarians. - Discussion and adoption. Session of 1^er April 1999.
Senate:
Parliamentary documents. - Project transmitted by the House of Representatives, No. 1361/1.
Regular session 1999-2000.
Senate:
Parliamentary documents. - Project transmitted by the House of Representatives under the previous legislature and a statement of caducity, No. 281/1. - Report of 10 May 2000 by Ms. Nyssens, No. 281/2. - Text adopted by the commission, no. 281/3. - Decision not to amend, No. 281/4.
Annales parliamentarians. - Discussion and adoption. Session of May 18, 2000.