Short Title: | Belgian Judicial Code |
Legislature: | Belgian Federal Parliament |
Imagealt: | Coat of Arms of Belgium |
Territorial Extent: | Belgium |
Enacted By: | Belgian Chamber of Rep. |
Date Passed: | 22 June 1967 |
Enacted By2: | Belgian Senate |
Date Passed2: | 29 June 1967 |
Royal Assent: | 10 October 1967 |
Date Commenced: | 1 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 (nl|Gerechtelijk Wetboek, fr|Code Judiciaire, de|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]
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.
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.
This part of the code (articles 1–57) contains general provisions regarding the adjudication of cases and the value of judgments and rulings.
This part of the code (articles 58–555/16) consists of six 'books':
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.
This part of the code (articles 664–1385octiesdecies) consists of four 'books':
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.
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.
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.
This part of the code (articles 1738–1747) governs the practice and conduct of collaborative law.
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.