Belgian Judicial Code

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Belgian Judicial Code
State Coat of Arms of Belgium.svg
Belgian Federal Parliament
Territorial extentFlag of Belgium (civil).svg  Belgium
Passed by Belgian Chamber of Rep.
Passed22 June 1967
Passed by Belgian Senate
Passed29 June 1967
Royal assent 10 October 1967
Commenced1 November 1970
Summary
This code governs the organisation of the courts and tribunals of Belgium, their jurisdiction and their procedure.
Status: In force

The Belgian Judicial Code (Dutch : Gerechtelijk Wetboek, French : Code Judiciaire, German : Gerichtsgesetzbuch) is a code of law in the country of Belgium, formally adopted on 10 October 1967 and currently still in force. The Judicial Code governs the organisation of the courts and tribunals of the Belgian judiciary, their jurisdiction, as well as the applicable rules of civil procedure. As such, the Judicial Code is one of the important codes of law in the Belgian legal system. [1]

Contents

In criminal proceedings however, the jurisdiction and rules of procedure of the courts and tribunals of Belgium are governed by the Belgian Code of Criminal Procedure. [1]

History

The proposed law containing the Judicial Code was passed by the Belgian Chamber of Representatives on 22 June 1967 and by the Belgian Senate on 29 June 1967. [2]

The adopted law was subsequently promulgated by the King of the Belgians on 10 October 1967, and entered into force on 1 November 1970. The Judicial Code has been amended many times since.

Contents

Part I: General principles

This part of the code (articles 1–57) contains general provisions regarding the adjudication of cases and the value of judgments and rulings.

Part II: Judicial organization

This part of the code (articles 58–555/16) consists of six 'books':

Part III: Competence

This part of the code (articles 556–663) lays down the jurisdiction of each of the courts and tribunals, and the procedures to settle jurisdictional conflicts between them.

Part IV: Civil procedure

This part of the code (articles 664–1385octiesdecies) consists of four 'books':

Part V: Provisional seizures, means of execution and collective debt settlement

This part of the code (articles 1386–1675/27) governs the manner in which to conduct sequestrations, seizures and attachments of property, lays down the procedures for collective debt settlements, and establishes central registers for seizure and debt settlement records.

Part VI: Arbitration

This part of the code (articles 1676–1723/1) governs the practice and conduct of out-of-court arbitration proceedings, as well as the value of and means of recourse against arbitral awards.

Part VII: Mediation

This part of the code (articles 1724–1737) governs the practice and conduct of both court-ordered and out-of-court mediation, as well as the value of settlements.

Part VIII: Collaborative law

This part of the code (articles 1738–1747) governs the practice and conduct of collaborative law.

Annex: Territorial boundaries and seats of courts and tribunals

This annex to the code (articles 1–6) prescribes the territorial boundaries of the judicial cantons, arrondissements ("districts") and areas, as well as the seat of the courts and tribunals of these territories.

References

  1. 1 2 "Judiciary – Breakdown of Law" (PDF). www.dekamer.be. Parliamentary information sheet № 21.00. Belgian Chamber of Representatives. 26 June 2014. Archived (PDF) from the original on 2017-10-22. Retrieved 15 July 2020.
  2. ↑ "Parliamentary Document 38K1040". www.dekamer.be (in Dutch). Belgian Chamber of Representatives. Archived from the original on 2020-07-15. Retrieved 15 July 2020.
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