30 NOVEMBER 1998. - An Act to amend certain provisions of the Judicial Code relating to the procedure for the rental of things and the Act of 30 December 1975 concerning property found outside private property or placed on the public highway in execution of expulsion judgments (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. The title of chapter XVbis of Book IV of Part IV of the Judicial Code, inserted by the Act of 29 December 1983, is replaced by the following title:
"Procedure for the laundering of things and for expulsion."
Art. 3. It is inserted in the same chapter, an article 1344ter, which reads as follows:
"Art. 1344ter. § 1^er. This section applies to any application filed by written request, by summons or by voluntary appearance, for the expulsion of a natural person who has entered into a rental lease referred to in section II or in section IIbis of Book III, Title VIII, Chapter II of the Civil Code relating to property that, according to the introductive act of proceeding, serves as a residence for the lessee or, in the absence of domicile, of residence.
§ 2. When the application is filed by written request or by voluntary appearance, the clerk shall send, except as opposed to the lessee in accordance with § 4, after a period of four days following the registration of the case to the general role, by any telecommunication process whatsoever, to confirm by simple letter, a copy of the written request to the Public Centre for Social Assistance of the lessee's home or, in the absence of a domicile, to the Public Centre for Social Assistance of the Residence of the lessee.
§ 3. When the application is filed by summons, the judicial officer shall send, except as opposed to the lessee in accordance with § 4, after a period of four days following the meaning of the exploit, by any telecommunication process whatsoever, to confirm by simple letter, a copy of the citation to the Public Centre for Social Assistance of the lessee's home, or, in the absence of a domicile, to the Public Centre for Social Assistance of the lessee's residence.
§ 4. The lessee may demonstrate his opposition to the communication of the copy of the introductive act of proceeding to the Public Centre for Social Assistance in the minutes of voluntary appearance or to the Registry within two days of the summons by judicial fold or to the judicial officer within two days of the service.
The written request or citation contains the text of the preceding paragraph.
§ 5. The Public Social Assistance Centre offers, in the most appropriate way, its assistance in the context of its legal mission."
Art. 4. It is inserted in the same chapter an article 1344quater, which reads as follows:
"Art. 1344quater. The expulsion referred to in article 1344ter, § 1^er, may be executed in any event only after one month after the meaning of the judgment, unless the lessor proves the abandonment of the property, that the parties have not agreed to another period, that agreement must be recognized in the judgment, or that the judge extends or reduces this period at the request of the lessee or lessor who justifies circumstances of a particular gravity, including the possibilities of re-unification In the latter case, the judge shall determine the time limit in which the expulsion may not be carried out, taking into account the interests of both parties and in the conditions it determines.
In any event, the bailiff must notify the lessee or occupants of the property of the effective date of the expulsion, within five working days."
Art. 5. It is inserted in the same chapter an article 1344quinquies, as follows:
"Art. 1344quinquies. When a judgment ordering an expulsion, referred to in Article 1344ter, § 1^er, the judicial officer shall notify the person that the property that is still in the dwelling after the legal period or the legal period fixed by the judge shall be placed on the public channel at its expense and, if it constrains the public highway and the owner of the goods or its entitled persons leaves them there, that they shall, also at its expense, be removed and preserved for six months by the municipal administration, except The judicial officer mentions in the exploit of meaning that he made this communication."
Art. 6. It is inserted in the same chapter, an articie 1344sexies, as follows:
"Art. 1344sexies. § 1^er. In the course of the service of a judgment ordering an expulsion other than referred to in Article 1344quinquies, the judicial officer shall send, except as opposed in accordance with § 2, within four days from the meaning of the judgment, by simple letter, a copy of the judgment to the Public Welfare Centre of the place where the property is located.
§ 2. The person whose expulsion is ordered may, within two days from the meaning of the judgment, manifest his opposition to the communication of the judgment to the Public Centre for Social Assistance to the judicial officer.
The exploit contains the text of the previous paragraph.
§ 3. The Public Centre for Social Assistance offers, in the most appropriate way, assistance in the context of its legal mission."
Art. 7. In section 2 of the Act of 30 December 1975 concerning property found outside private property or placed on the public highway in execution of expulsion judgments, the following amendments are made:
1° paragraph 3 is completed as follows:
"The owner of the property removed, referred to in the preceding paragraph, may, at his request, obtain a free extract from the municipal administration with the indication of his property that has been removed";
2°, a paragraph 5 is inserted as follows:
"Communities are responsible for the preservation of the goods they have received or removed in accordance with the necessary deposit rules."
Art. 8. Section 5 of the Act is replaced by the following provision:
“Art. 5. Municipal authorities may charge the owner or his or her right holder the costs they have incurred for the removal and retention of the property. Except for property, referred to in 1408, § 1^er, from the Judicial Code, they may order the restitution of the goods or proceeds of their sale, before the expiry of the deadlines set out in Article 2, before the prior payment of these costs".
Art. 9. Sections 2 to 6 of this Act apply to any application for expulsion referred to in Article 1344ter, § 1^erof the Judicial Code, introduced after its entry into force.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 30 November 1998.
ALBERT
By the King:
Minister of Justice,
T. VAN PARYS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
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Note
(1) Parliamentary references:
House of Representatives.
Parliamentary documents. - Bill, 1157-96/97, No. 1. - Amendments, 1157-96/97, No. 2-7. - Report, 1157-96/97, No. 8. - Text adopted by the Commission, 1157-96/97, No. 9. - Amendment, 1157-96/97, No. 10. - Text adopted in plenary and transmitted to the Senate, 1157-96/97, No. 11.
Annales parliamentarians. - Discussion and adoption. Meetings of 25 and 26 March 1998.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, 1-1023-1997/1998, No. 1. - Evocation on 23 April 1998. - Amendments, 1-1023-1997/1998, No. 2 and 3. - Report, 1-1023-1997/1998, No. 4. - Text adopted by the Commission, 1-1023-1997/1998, No. 5. - Text amended by the Senate and referred to the House of Representatives, 1-1023-1997/1998, No. 6. - Decisions of the Parliamentary Committee for Consultation, 1-82/32.
Annales parliamentarians. - Discussion and adoption. Meetings of 15 and 16 July 1998.
House of Representatives.
Parliamentary documents. - Draft amended by the Senate, 1157-96/97, No. 12. - Amendments, 1157-96/97, No. 13-15. - Report, 1157- 96/97, No. 16. - Text adopted by the Commission, 1157-96/97, No. 17. - Text adopted in plenary and transmitted to the Senate, 1157-96/97, No. 18.
Annales parliamentarians. - Discussion and adoption. Meetings of 28 and 29 October 1998.
Senate.
Parliamentary documents. - Draft revised by the House of Representatives, 1-1023-1997/1998, No. 7. Report, 1-1023-1997/1998, No. 8. - Text adopted by the Commission, 1-1023-1997/1998, No. 9. - Decision to join the draft revised by the House of Representatives, 1-1023-1997/1998, No. 10.
Annales parliamentarians. - Discussion and adoption. Meeting of 19 November 1998.