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  • On track to a modernised Belgian Civil Code

On track to a modernised Belgian Civil Code

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Reform of the Belgian Civil Code

In recent years, the Belgian Civil Code has undergone a significant transformation to better meet the needs of modern society. 

The extensive reform, launched in 2019, aims to codify and modernize various aspects of private relationships between citizens, including legal concepts with broad application (Book 1), property law (Book 3), obligations (Book 5), extra-contractual liability (upcoming Book 6), special contracts (upcoming Book 7), evidence (Book 8), securities (upcoming Book 9), and prescription (upcoming Book 10). The result will be a new Civil Code consisting of 10 Books, written in clear and simple language to make legal concepts more accessible, transparent, and predictable.

In February 2024, Book 6, which deals with extra-contractual liability, was adopted. The six articles from the old Civil Code (Articles 1382 et seq.) have now been expanded into six chapters, with chapter 7 covering specific liability regimes (such as the product liability law) without changing their content. The new Book 6 is set to come into effect on 1 January 2025.

Focus on Book 6

In February 2024, Book 6, which deals with extra-contractual liability, was adopted.

The main purpose of the Book 6 is to codify existing case law on extra-contractual liability provisions, but it also includes some new elements and resolves some controversies.

Book 6 contains 7 chapters covering :

  • Introductory provisions (chapter 1), 
  • Facts giving rise to liability (chapter 2), 
  • Causal link (chapter 3), 
  • Damage (chapter 4), 
  • Consequences of liability (chapter 5), 
  • Order of prohibition (chapter 6) and 
  • Specific liability rules (chapter 7 integrating the Product Liability Law that will be eventually changed to be aligned with the future EU Product Liability Directive).

Discover Book 6 by clicking on the wheel.

In February 2024, Book 6, which deals with extra-contractual liability, was adopted.

The main purpose of the Book 6 is to codify existing case law on extra-contractual liability provisions, but it also includes some new elements and resolves some controversies.

Book 6 contains 7 chapters covering :

  • Introductory provisions (chapter 1), 
  • Facts giving rise to liability (chapter 2), 
  • Causal link (chapter 3), 
  • Damage (chapter 4), 
  • Consequences of liability (chapter 5), 
  • Order of prohibition (chapter 6) and 
  • Specific liability rules (chapter 7 integrating the Product Liability Law that will be eventually changed to be aligned with the future EU Product Liability Directive).

Discover Book 6 by clicking on the wheel.

Chapter 1

Stay on track and click below on essentials of Book 6

Chapter 2

Stay on track and click below on essentials of Book 6

Chapter 3

Stay on track and click on essentials of Book 6 

Chapter 4

Stay on track and click on essentials of Book 6

Reform Timeline

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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).

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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)

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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.

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1 September 2021

  • Entry into force of Book 3 (Property law)

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2022

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

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2023

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

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2024 – 2025

1 February 2024

  • Adoption of Book 6

January 2025

  • Expected entry into force of Book 6

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Coming soon

  • Book 7 : Contracts
  • Book 9 : Securities (Sûretés – Zekerheden)
  • Book 10 : Prescription (Prescription – Verjaring)

Focus on Books 1 and 5

Book 1 only contains a dozen articles and is meant to be an introduction to the other nine books of the New Civil Code. Its field of application is very broad as it governs relationships between private persons and relationships between public legal persons and private persons if not subject to other legislations or to the rules of exercise of state authority.

Book 5 covers, completes and restructures Articles 1101 to 1369 of the old Civil Code (i.e. the law of obligations but not non-contractual liability). It includes 270 articles.

For you not to lose track while making your way through books 1 and 5, discover our useful tools below.

Seminar slides

In October 2022, we hosted a two-day seminar focused on Books 1 and 5. 

During the plenary sessions, we discussed the scenes and provided a detailed introduction to Books 1 and 5, as well as an overview of the complex legal concept of unfair terms addressed by various legislations. 

During the workshop sessions, we covered:

Useful tools to discover Books 1 and 5

Click below to download your copy of the Codex of Books 1, 3, 5 and 8 in Dutch and French.

Book 5 in practice

The first applications of Book 5 are making their debut in case law. Check out this section to get the scoop on the latest developments!

Highlighted articles

To fast track your understanding of the legal text, we discuss several concepts and articles of Books 1 and 5 in the materials linked here 1.

Media Hub

Discover the salient points of the Books adopted so far 

On track to a modernised Belgian Civil Code - Book 1

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On track to a modernised Belgian Civil Code - Book 3

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On track to a modernised Belgian Civil Code - Book 5

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On track to a modernised Belgian Civil Code - Book 8

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Key contacts

Please reach out to your usual Linklaters contact, should you have any questions.

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footnote_icon_book Highlighted articles Book 1

Highlighted articles Book 5

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