On track to a modernised Belgian Civil Code

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Reform of the Belgian Civil Code

After more than two centuries, we are on track to a modernised Belgian Civil Code. The extensive Civil Code reform aims to suit the needs of the modern society by codifying or modernising backbone rules of the laws of property, evidence, obligation and contracts.

In 2015, experts from the academic world were entrusted with the task of revamping the Civil Code around the following main characteristics:

To produce a new Civil Code that states in clear and simple language the rules governing private relations between citizens

To modernise legal concepts for the contemporary context and to get rid of outdated concepts

To produce a new Civil Code integrating all the dispersed laws and codifying the court-created civil rules, making the legal concepts more accessible, transparent and foreseeable.

The result is a new Civil Code.

Click through the wheel to navigate the timeline.

4 February 2020

Adoption of Book 3 (Property Law)

Book 3 contains 188 articles and is a fairly comprehensive revision of property law.

It is divided in 8 titles:

Title 1 : General provisions (Articles 3.1 - 3.37)
Title 2 : Classifications of goods (Articles 3.38 - 3.49)
Title 3 : Ownership (Articles 3.50 – 3.67)
Title 4 : Co-ownership (Articles 3.68 – 3.100)
Title 5 : Neighbourly relations (Articles 3.101 – 3.137)
Title 6 : Usufruct (Articles 3.138 – 3.166)
Title 7 : Long-term lease (Articles 3.167 – 3.176)
Title 8 : Right to build (Articles 3.177 – 3.188)

1 November 2020

Entry into force of Book 8 (Evidence)

On 1 November 2020, Book 8 on Evidence of the New Civil Code entered into force. It has become clear that the introduction of these new rules was no earth-shattering event. Courts are becoming more and more familiar with the concept of standard of proof. Finally, claimants regularly try to convince the judge to order a reversal of the burden of proof in the sense of Article 8.4, para. 5, but courts seem to be cautious in using this new technique for the time being.

1 September 2021

Entry into force of Book 3 (Property law)

19 January 2022

Adoption of Book 2, section 3 (Patrimonial relations of couples) – Adoption of Book 4 (Inheritance, donations and wills)

28 April 2022

Adoption of Book 5 (Obligations) - Adoption of Book 1 (General provisions) – Modification of the Law of 13 april 2019 : the Civil Code includes now 10 Books

1 July 2022

Entry into force of Book 2, section 3 and of Book 4

1 January 2023 - Entry into force of Books 1 and 5

Book 1 is an introduction to the other nine books of the New Civil Code.

It contains legal concepts with a transversal application such as direct or indirect representation, legal act or public policy, general principles such as the prohibition of abuse of right and the prohibition of malicious intent and rules over the application of the law over time and over the computation of time.
Book 5 covers and completes articles 1101 to 1369 of the old Civil Code under three main titles which reshuffle the previous ordering in a new, easy-to-apprehend structure:

Title 1 - Introductory provisions (Articles 5.1 – 5.3)
Title 2 - Sources of obligations (Articles 5.4 – 5.137)
Title 3 - The general rules governing the obligations (Articles 5.138 – 5.270

1 February 2024

Adoption of Book 6

September 2024

Expected entry into force of Book 6

13 April 2019

Creation of a new Civil Code consisting of 9 Books - Adoption of Book 8 on Evidence.

Book 8 introduces a few real novelties such as :

Less evidence formalism by raising the threshold above which a written document is required from 375 EUR to 3.500 EUR (Article 8.9) and by abolishing the required hand-written formula “approved for” with respect to the unilateral obligation to pay (Article 8.20).
Expansion of the system of proof by all means to all undertakings (article 8.11). This freedom of proof applies irrespective of the position of the undertaking in the proceedings (plaintiff or defendant). However, the freedom of proof only applies to an act made by an undertaking. For example, it does not apply when an undertaking wants to prove against a defendant who is not a company.
An accepted invoice is not only valid as evidence for a sales contract, as previously stipulated in the Commercial Code; it applies to all kinds of agreements (transports, all kinds of services) (Article 8.11, para. 4).