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).

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.