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13 AOUT 2011. - Law reforming the liquidation and judicial division procedure (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendment of the Civil Code
Art. 2. In section 124, paragraph 2, of the Civil Code, replaced by the law of 9 May 2007, the number "1224" is replaced by the number "1224/2".
CHAPTER 3. - Amendments to the Judicial Code
Art. 3. Article 53bis of the Judicial Code, inserted by the law of 13 December 2005, is supplemented by the 3rd, as follows:
« 3° When the notification is made against acknowledgement of receipt dated, the first day following. »
Art. 4. In section 1193bis of the Judicial Code, inserted by the Act of 18 February 1981 and replaced by the Act of 29 April 2001, paragraph 4 is replaced by the following:
"Registered mortgage or privileged creditors as well as persons referred to in section 1187, paragraph 2, shall be heard or duly called by registered court at least five days before the hearing. »
Art. 5. Part IV, chapter VI, section 2, of the Code is replaced by the following:
“Section 2. - Judicial sharing
Sub-section 1^re. - From the introduction of the application and judgment ordering judicial sharing
Art. 1207. If all indivisaries do not consent to amicable sharing, as well as in the cases referred to in article 1206, paragraph 6, the division shall take place judicially at the request of the most diligent party, which is brought before the court of first instance.
Art. 1208. § 1^er. If several applicants separately request the sharing of the same indivision, the applications are attached, as appropriate, to the first useful hearing.
§ 2. If there is another indivision between the parties that does not imply a third party and which is required to be cleared prior to the requested sharing, the request shall extend fully to the liquidation of that indivision.
§ 3. In the case referred to in § 2, the judgment rendered in accordance with Article 1209 implies, in full right, that the liquidation of the indivision of which the prior liquidation is necessary to achieve the orderly sharing.
§ 4. At the request of one of the parties, the court may, by reason of decision, order a separate division for the property located abroad that it designates. It takes into account the nature and location of these assets. In this case, the deadlines referred to in articles 1214, § 2, and 1218 are not applicable to this separate sharing.
The court may order the same in the course of proceedings, if the notary-liquidator is seized of the application in accordance with section 1216.
Art. 1209. § 1^er. The court shall rule on all the disputes before it, except that the solution be handed over to the judgment of registration, and shall give notice to the parties of their possible agreements.
§ 2. The agreements reached by the court have the value of the judgments referred to in Article 1043.
§ 3. The judgment adhering to the agreement of the parties on the sale, public or voluntarily, of all or part of the property empowers the notary-liquidator to proceed with the said sale, if required by at least one party.
This judgment gives the notary-liquidator the powers referred to in Article 1224, § 4, paragraphs 2, 3 and 4, of which he reproduces the text in his device.
In the event of a public sale of immovables, the immovable property shall be held in accordance with the customary public sales of immovables and in accordance with section 1193, paragraphs 2 to 7, and, where applicable, in accordance with sections 1186 to 1192 and section 1193, paragraph 8.
In the event of a voluntary sale, the sale shall take place, if any, in accordance with Article 1193bis.
The sale of furniture takes place in accordance with sections 1194 to 1204bis, if any, at the intervention of a judicial officer designated by the notary-liquidator.
On the day indicated for the auction, the auction is made at the request of at least one of the parties.
Sub-section 2. - The notary-liquidator designation
Art. 1210. § 1^er. If the court orders the division, the court shall refer the parties to the notary-liquidator on the person to which they agree or, on the basis of the parties' request, to the two notaries-liquidators, of whom they jointly request the designation.
If the parties fail to agree or if the court considers that the designation of two notaries-liquidators is not justified, the court shall refer the parties to another notary-liquidator that it designates.
§ 2. If the court designates two notaries-liquidators, they act jointly, in accordance with the provisions of this section.
By derogation from sections 5 and 6, 1° of the Act of 16 March 1803 containing the organization of the notarial, the two notaries-liquidators act jointly in the territorial jurisdictions of each of them.
§ 3. Without prejudice to the application of § 4, where two notaries-liquidators were designated, the two whose names appear first in the decision shall be responsible for the custody of the minutes.
§ 4. If, as part of the orderly sharing, the notary-liquidator is called to act outside its territorial jurisdiction, the notary designates a territorially competent notary for these operations.
§ 5. Without prejudice to the provisions of Book 1 of Part IV and unless the court decides otherwise, the parties shall provide the notary-liquidator by equal shares.
Subsection 3. - Replacement of the notary-liquidator
Art. 1211. § 1^er. If the notary-liquidator refuses, prevents the notary-liquidator, or if there are circumstances that raise legitimate doubts about his or her impartiality or independence, the court shall apply to his replacement.
The notary-liquidator whose parties jointly requested the designation may only be replaced at the request of one of them for reasons that have occurred or have been known since the designation.
Without prejudice to Article 1220, §§ 2 and 3, no replacement may be requested by one of the parties after the opening of the operations, unless the reason invoked was subsequently disclosed to the party requesting it.
In case of appeal of the decision referred to in 1209, § 1^er, and 1210, the replacement application is filed before the appeal judge. The replacement may not be subsequently requested on the basis of the means submitted to the appeal judge.
§ 2. The party or notary-liquidator proposing alternative means shall submit them by a simple written request filed or addressed to the court having designated the notary-liquidator.
The Registry shall notify the parties and the notary-liquidator of this request by judicial fold.
Within fifteen days of this notification, the notary-liquidator shall, if any, address his observations to the court and the parties.
After this period, the Registry summons the parties and the notary-liquidator by judicial fold for a hearing in the board's chamber.
If the application is received, the court shall appoint an ex officio notary, instead of the notary-liquidator, a new notary-liquidator that the court designates or on the choice of which the parties have agreed.
The replacement decision is not subject to appeal.
Sub-section 4. - Undivided mass management
Art. 1212. The court may, at any stage of the proceedings and at the request of any party or notary-liquidator filed by a simple written application filed or addressed to the court having designated the notary-liquidator, appoint a manager to perform the acts of administration and, where applicable, to bring to justice the mass of indivisors.
The procedure shall continue in accordance with Article 1211, § 2, paragraphs 2 and 3. After the period referred to in Article 1211, § 2, paragraph 3, the Registry shall summon the parties and the notary-liquidator by judicial fold. If the application is received, the court appoints a manager, determines the extent of his or her mission and determines his or her remuneration.
The manager may be assisted by one or more persons acting under his or her responsibility.
Subsection 5. - Expertise
Art. 1213. § 1^er. When the court designates one or more experts in charge of the expertise of the goods whose sale has not been decided, the expert's mission includes the estimation of the goods, the setting of the bases of this estimate and, where appropriate, the indication of the possibilities of a convenient sharing in kind with, in this case, the determination of the lots to be drawn.
The notary-liquidator may, with the agreement of all parties, complete the expert's mission. If no agreement is reached by all parties, the court shall be seized in accordance with the procedure provided for in § 3.
The notary-liquidator may, with the agreement of all parties, modify the expert's mission or request the expert to update an earlier estimate. If no agreement is reached by all parties, the court shall be seized in accordance with the procedure provided for in § 3.
Unless the court decides otherwise or the agreement of all parties, the expert shall commence his or her mission only if required by the notary-liquidator.
§ 2. At the time of the filing of its final report to the Registry, the expert shall transmit to the notary-liquidator, the parties and their counsel a copy of the report in the forms provided for in Article 978 and, in the case of communication to the notary-liquidator, by registered mail.
§ 3. Failure to appoint an expert in the judgment referred to in articles 1209, § 1^erand 1210, § 1^er, the application for the designation of one or more experts may be made in the course of proceedings, by any party or by the notary-liquidator, by simple written request filed or addressed to the court having designated the notary-liquidator.
The procedure shall continue in accordance with Article 1211, § 2, paragraphs 2 and 3. After the period referred to in Article 1211, § 2, paragraph 3, the Registry shall summon the parties and the notary-liquidator by judicial fold. If the application is received, the court shall designate one or more experts, whose mission is defined in § 1^er.
Sub-section 6. - Operation
General provisions
Art. 1214. § 1^er. The notary-liquidator tries to reconcile the parties and informs them that they may be assisted by a lawyer.
At any stage of the proceedings, the notary-liquidator shall, at the request of the parties, issue a record of the overall or partial agreement on liquidation or sharing. The agreement thus issued and signed by the parties permanently binds them and empowers the notary-liquidator, when it deals with the public sale or at the discretion of all or part of the property, to proceed with the said sale if required by at least one party.
In the event of a public sale, the public sale shall take place in accordance with the usual public sales of immovables in accordance with section 1193, paragraphs 2 to 7, and, where applicable, in accordance with sections 1186 to 1192 and section 1193, paragraph 8.
In the event of a voluntary sale, the sale shall take place, if any, in accordance with Article 1193bis.
The sale of furniture takes place in accordance with sections 1194 to 1204bis, if any, at the intervention of a judicial officer designated by the notary-liquidator.
On the day indicated for the auction, the auction is made at the request of at least one of the parties.
§ 2. The notary-liquidator proceeds to the inventory unless all parties, as far as they are capable, renounce it by jointly indicating to the notary-liquidator what goods depend on the mass to be shared. The waiver of the inventory shall be effected at the latest at the close of the opening minutes of operations. The notary-liquidator shall prepare minutes of the renunciation of the parties to the inventory and of their agreement on the determination of the mass to be shared and shall transmit a copy thereof to the parties and their counsel in accordance with the forms provided for in Article 1215, §2.
In the absence of a waiver of the inventory, the notary-liquidator shall, at the close of the opening minutes of the operations, fix the day and time at which the first inventory session shall be conducted, which shall take place, unless otherwise agreed by all parties and the notary-liquidator, no later than two months from the said closure. If the inventory cannot be closed during the first session, the notary-liquidator shall immediately fix the day and time of the next vacation, which shall take place, unless agreed by all parties and the notary-liquidator, no later than two months from the previous one.
From the agreement of all parties, as long as they are capable, the inventory can be made on statements.
§ 3. If he consents to the request of all parties, the notary-liquidator considers the property to be shared.
§ 4. Without prejudice to the rules relating to the burden and administration of evidence, the notary-liquidator may request the parties or third parties any relevant information and evidence.
If the parties or third parties fail to disclose the relevant information and documents requested by the notary-liquidator, the court, seized in accordance with section 1216, may order their production in accordance with sections 877 to 882, if applicable under penalty of limitation.
§ 5. The notary-liquidator shall carry out the accounts that the co-partners may be required, the formation of the general mass, the composition of the lots and the responsibilities to be given to each co-partner. It takes any other complementary measures to carry out its mission properly within a reasonable period of time.
§ 6. The absence of one or more parties does not hinder the continuation of operations. Where applicable, the notary-liquidator notes, at any stage of the proceedings, the absence or refusal to sign a party.
Notwithstanding the absence or refusal to sign a party, the notary-liquidator shall receive the awards of auction and other principal and incidental claims, giving leave with or without subrogation and, as a result of such payments, shall give up any registration taken or to take, any transcription of command and seizure, and any opposition, if any.
§ 7. The notary-liquidator shall, in a liquidative state, prepare the proposed sharing that it submits to the parties in accordance with the procedure defined in Article 1223. It complies with the overall or partial agreement referred to in articles 1209, § 1^eror 1214, § 1^er, paragraph 2, intervened, if any, between the parties.
Opening of operations
Art. 1215. § 1^er. The notary-liquidator shall, at the request of the most diligent party, establish the day and hour to which the operations shall be opened. Unless otherwise agreed by all parties and the notary-liquidator as to the following period, the first opening session of the operations shall be held no later than two months after the request of the most diligent party. If the opening minutes of the operations cannot be closed at the first session, the notary-liquidator shall set out on the field on the day and hour of the next session, which shall, unless agreed by all parties and the notary-liquidator, not later than two months from the previous session.
The notary-liquidator shall sum up the parties and other interested parties, at least eight days in advance, by exploit of bailiffs, by registered letter or against acknowledgement of receipt dated, as well as their advice by regular mail, fax or e-mail, to attend the opening minutes of operations to provide all the information and documents useful to the fulfilment of his mission and to supplement, if he purchased, the inventory at the default
§ 2. The notary-liquidator shall communicate to the parties by exploit of a bailiff or their address by registered letter or hand them against acknowledgement of receipt dated, and shall also address their advice by regular mail, fax or e-mail, copy of the opening minutes of operations.
Intermediate minutes
Art. 1216. § 1^er. Following the opening of the operations referred to in Article 1215, the notary-liquidator shall record, in an intermediate record, the disputes or difficulties which, in his view, are at this essential point that they prevent the establishment of the liquidative state referred to in Article 1214, § 7.
§ 2. Unless otherwise agreed by all parties and the notary-liquidator with respect to the following period, the notary-liquidator shall notify the parties by exploit of bailiffs or their address by registered letter or give them against acknowledgement of receipt, a copy of the intermediary record referred to in § 1^erwithin two months of the finding of disputes or difficulties that determined the establishment of the said record. At the same time, it also sends a copy of the report to their advice by regular mail, fax or electronic courier. At the same time, the notary-liquidator invites the parties to communicate their positions with respect to the disputes or difficulties identified.
§ 3. Unless otherwise agreed by all parties and the notary-liquidator as to the following period, the parties shall submit in writing to the notary-liquidator and the other parts of their position in the month of the service of the exploitation of bailiff, the notification of the recommended letter or the surrender against acknowledgement of receipt dated, referred to in § 2. In the event of successive positions taken by the same party, the notary-liquidator only takes into account the last position taken.
§ 4. Unless otherwise agreed by all parties ending the disputes or difficulties raised under the intermediary minutes communicated to it by the parties within fifteen days of the expiry of the period referred to in § 3, the notary-liquidator shall, within the month following the expiration of the same period, send a copy of the minutes, the parties' positions, the inventory of the documents communicated to it by the parties and its notice, to which it shall forthwith
§ 5. The Registry shall summon the parties by judicial fold and their advice by regular mail, fax or e-mail, for a hearing on the occasion of which the parties are heard on the basis of their positions taken in accordance with § 3, which take place of conclusions, without prejudice to the possibility of giving the case to a hearing of subsequent pleadings or applying, in the light of the complexity of the dispute, article 747.
Conventional status
Art. 1217. During the opening of the operations, the notary-liquidator shall determine with all parties all or part of the schedule for the prosecution of the judicial sharing, unless the latter waive the determination of such a calendar.
The agreed deadlines have been reached at the opening minutes of the operations or subsequent minutes, with respect to the agreed deadlines during the proceedings. Each record mentions the day and time of the next transaction or the time limit within which it will take place.
Legal status
Art. 1218. § 1^er. If no agreement has been reached in accordance with Article 1217, the following deadlines shall apply, subject to derogation, to the agreement of all parties and, with respect to the time limits provided to it, to the notary-liquidator.
The parties shall have, for the communication of their claims and documents to the notary-liquidator and other parties, two months from the closing of the inventory.
In the absence of an inventory, the parties shall have, for the communication of their claims and documents to the notary-liquidator and other parties, a period of two months, beginning on the day of the communication, by the notary-liquidator, of the copy of the record referred to in 1214, § 2, paragraph 1^er.
In the case of expertise, the parties shall, from the date of communication to the parties referred to in Article 1213, § 2, have a period of two months to communicate to the notary-liquidator and other parties their claims with respect to the goods subject to the expertise or to disclose their possible amendments to the claims before that concerning these assets.
§ 2. Within two months after the expiry of the last period calculated in accordance with § 1^er, paragraphs 2, 3 or 4, the notary-liquidator shall give to the parties by exploit of bailiffs or their address by registered letter or give them against acknowledgement of receipt, as well as to their advice by regular mail, fax or e-mail, an overview of the claims submitted to it in accordance with the deadlines set out in § 1^erparagraphs 2, to 4.
Within two months of the significance of the bailout or notification of the recommended letter referred to in paragraph 1^erthe parties shall make known, in writing, their possible comments on the claims of the other parties to the notary-liquidator and to them.
§ 3. The notary-liquidator shall establish, in a liquidative state, the sharing project within four months:
1° after the deadline referred to in § 2, paragraph 2;
2°, in the event of the discovery of new facts or determinants, after the expiry of the period agreed in accordance with section 1219 or fixed by that article;
3° or, in the case of application of Article 1216, where the decision transcribes the disputes or difficulties has passed into force of a judgment;
4°, in the case of sale of all or part of the property under articles 1224 and 1224/1, or on the basis of the agreement of the parties made by the court in accordance with article 1209 or by the notary-liquidator in accordance with article 1214, § 1^er, paragraph 2, from the receipt of the sale price and related costs.
In any event, the notary-liquidator's time limit for the development of the sharing project shall be the final deadline of those referred to in this paragraph.
§ 4. In the absence of time limits agreed in accordance with Article 1217, the judge may, at the request of a party or notary-liquidator, reduce the time limits referred to in this Article, taking into account the specific elements of the case, with a view to allowing the completion of the sharing procedure as soon as possible.
The application is filed or sent by a simple letter to the court having designated the notary-liquidator.
The Registry shall notify the parties and the notary-liquidator of this request by judicial fold.
Within fifteen days of this notification, the notary-liquidator and the parties shall, where appropriate, address their observations to the court, as well as to the other parties and to the notary-liquidator.
After this period and at the request of at least one of the parties or the notary-liquidator, the Registry shall summon the parties and the notary-liquidator by judicial fold.
If the court receives the application, if any, by order, by order, the time limits referred to in paragraph 1^er.
The order is notified by the court, by simple fold, to the notary-liquidator, to the parties, and to their advice.
The order is not subject to appeal.
Discovering new facts or new determinants
Art. 1219. In the event of the discovery of new facts or pieces that it considers determinative, the notary-liquidator invites the parties by exploit of bailiffs, by registered letter or against acknowledgement of receipt dated, as well as their advice by regular mail, fax or e-mail, to provide them with their observations on this subject within the agreed time limit or, in the absence of agreement between all parties on this new period, within one month of their request.
Penalty in the event of overtaking of agreed or fixed deadlines
Art. 1220. § 1^er. Unless agreed by all parties or discovering new facts or determinants, the notary-liquidator shall not take into account the claims, observations and documents communicated after the deadlines agreed to pursuant to Article 1217 or fixed in Article 1218, §§ 1^er and 2.
§ 2. If the notary-liquidator does not act within the time limits agreed under section 1217 or established by law, each party may, by a simple letter filed or addressed to the court having designated the notary-liquidator, request the summons of the notary-liquidator and the parties.
The Registry shall notify the parties and the notary-liquidator by judicial fold.
Within fifteen days of this notification, the notary-liquidator shall, if any, address his observations to the court and the parties.
After this period, the Registry summons the parties and the notary-liquidator by judicial fold for a hearing in the board's chamber.
The judge hears the notary-liquidator and the parties, determines at this hearing, in consultation with the notary-liquidator, the schedule for the continuation of the operations and decides on the replacement of the notary-liquidator, which cannot be pronounced if all parties oppose it. This decision is not subject to appeal.
If the replacement is made for the reasons referred to in paragraph 1^er, the Registry shall notify the board of notaries of the company to which the notary-liquidator reports, which determines whether there is a disciplinary penalty, as provided for in section 96 of the Act of 16 March 1803 containing the organization of the notariat.
§ 3. The same request may be made when, in the event of the designation of two notaries-liquidators, they cannot act jointly.
In this case, the court, if ordering the replacement of notaries-liquidators, designates another notary-liquidator.
The interruption of agreed or fixed deadlines
Art. 1221. From the agreement of all parties, the agreed or fixed deadlines for the continuation of the proceedings may be interrupted. The parties shall inform the notary-liquidator in writing.
The most diligent part in writing informs the notary-liquidator and the other parties of the disappearance of the reason that justified the interruption. Unless otherwise agreed by all parties, the new deadline shall take place on the day following that notification.
Communication of parts
Art. 1222. § 1^er. The parties shall communicate with each other, as well as to the notary-liquidator, the copy of the documents referred to in the notarial phase of judicial sharing. The parties classify, number and list these items in an inventory.
§ 2. Except as agreed by all parties, only the documents in the inventory of the exhibits and communicated to the other parties as well as to the notary-liquidator within the time and in the form imposed by law are taken into account in the transactions before the notary-liquidator.
Sharing in kind
Art. 1223. § 1^er. Prior to the assignment of lots, if any determined by the expert, each indivisor may make its counter-claims with respect to the liquidative state containing the proposed sharing referred to in Article 1214, § 7, and, where appropriate, make observations and means with respect to the final report of expertise.
To this end, the notary-liquidator shall sum up the parties and others interested in the exploitation of bailiffs, by registered letter or against acknowledgement of receipt dated, as well as their advice by ordinary mail, fax or e-mail, to take note of the liquidative state containing the proposed sharing referred to in Article 1214, § 7, annexed to the said summation and, where applicable, of the final report of expertise which was forwarded to them. The notary-liquidator shall, at the same time, summon the parties and others interested in the assignment of lots and the closing of operations, to be held at the place, day and time fixed by the notary-liquidator.
In its summation, the notary-liquidator shall notify the parties that, in their absence and in their presence, the assignment of lots, if any by drawing of lots or, in the event of disagreement on the formation of lots or on the liquidative state containing the partition project referred to in Article 1214, § 7, to the establishment of the minutes of disputes or difficulties referred to in Article 1223,
Unless agreed by all parties with respect to the following period, the parties shall have a period of one month from the date of the summation to submit in writing to the notary-liquidator and other parts of their counter-claims with respect to the liquidative state containing the proposed sharing referred to in Article 1214, § 7, and, where appropriate, their comments on the final report of expertise giving rise to the said counter-claims.
§ 2. In the absence of contradictory statements in accordance with the time and form referred to in § 1^er, paragraph 4, the notary-liquidator shall, at the close of the operations referred to in § 1^er, paragraph 2, to the allocation of lots in accordance with the agreement of all parties or, in the absence of such agreement, by drawing of lots and signs, with the comparing parties, the closing minutes.
The act of sharing is final as amicable sharing, without prejudice, if any, to the application of section 1206, paragraphs 5 and 6.
§ 3. When counterclaims have been formulated in accordance with the time and form referred to in § 1^er, paragraph 4, the notary-liquidator shall, instead of the closing of the operations referred to in § 1^er, paragraph 2, a record of the disputes or difficulties containing the description of all such cases.
Contradicts may not affect agreements made in accordance with articles 1209, § 1^eror 1214, § 1^erParagraph 2.
In the event of observations or counter-claims addressed successively to the notary-liquidator by the same party, the notary-liquidator shall take into account only the last observations or contradicts which have been communicated to it in accordance with the deadlines set out in § 1^erParagraph 4.
Except as otherwise agreed by all parties and the notary-liquidator, the latter shall notify the parties by exploit of the bailiff or their address by registered letter or give them against acknowledgement of receipt dated, as well as their advice by regular mail, fax or e-mail, a copy of the record referred to in paragraph 1^er and its written notice of disputes or difficulties within two months of the deadline referred to in § 1^erParagraph 4.
At the same time, the notary-liquidator shall file with the Registry a shipment of the minutes of the disputes or difficulties, its written notice, the opening minutes of the transactions and all subsequent minutes and the inventory, a copy of the inventory of the parts of the parties, as well as a shipment of the liquidative statement containing the proposed division referred to in 1214, § 7.
This deposit takes the court. The Registry shall summon the parties by judicial fold and their advice by regular mail, fax or e-mail, for a hearing at which the parties are heard on the basis of their forewords formulated in accordance with § 1^er, which take place of conclusions, without prejudice to the possibility of giving the case to a hearing of subsequent pleadings or applying, in view of the complexity of the dispute, article 747.
§ 4. The court shall settle disputes or difficulties, strictly and simply approve the liquidative state containing the sharing project or shall refer it to the notary-liquidator to make, within the time limit set, a supplementary liquidative state or a liquidative state in accordance with its directives.
Except as agreed by all parties or subject to the occurrence of new facts or the discovery of new determinants, the court knows only disputes or difficulties arising out of the alleged infringements made under the minutes referred to in § 3, paragraph 1^er.
§ 5. In the event of a registration of the liquidative state containing the proposed sharing, the clerk shall notify the notary-liquidator of the decision. The notary-liquidator lays down the decision taken in force of a judge.
§ 6. In the event of the establishment of a liquidative state containing a supplementary sharing project or a liquidative state containing a sharing project in accordance with the court's directives, the notary-liquidator shall sum up the parties and others interested in the exploitation of bailiffs, by registered letter or against acknowledgement of receipt, as well as their advice by regular mail, fax or e-mail, to take note of this condition, which it shall be annexed to the said summation. The notary-liquidator shall at the same time summon the parties and others interested in closing the operations, which shall be held at the place, day and time fixed by the notary.
Unless otherwise agreed by all parties with respect to the following period, they shall have a period of one month from the date of the summation to notify the notary-liquidator in writing and other parts of their claims in respect of that condition. Article 1223, § 3, paragraph 3, is applicable.
Except for the discovery of new facts or determinants, the foregoing may relate only to disputes or difficulties related to the adaptation of the liquidative state in accordance with court directives or, if any, to new disputes or difficulties arising from the said adaptation.
When the foregoing has been formulated in accordance with the time and form referred to in paragraph 2, the notary-liquidator shall prepare a record of the disputes or difficulties that contain the description of all the foregoing. The procedure shall continue in accordance with Article 1223, § 3, paragraphs 4 to 6.
From the sale of non-commodly shared property in kind
Art. 1224. § 1^er. If it appears either by agreement of all parties, or in the opinion of the notary-liquidator based, if any, on the report submitted by the expert, that it is impossible to share conveniently in kind, the notary-liquidator shall, except in the event of an agreement of all parties with respect to the sale of the voluntary in accordance with Article 1214, § 1^er, paragraph 2, the terms of reference for the public sale of immovable immovables in kind and sums the parties by exploit of bailiffs, by registered letter or against acknowledgement of receipt dated, as well as their advice by regular mail, fax or e-mail, to take notice of them and to notify them, in writing, of their foretolds within the month following the summation, unless otherwise agreed by all parties as to this period. Sommation explicitly mentions this period. At the same time, the notary-liquidator summons the parties to attend sales operations.
§ 2. In the absence of contradictory statements made by the parties in accordance with § 1^er on the principle of sale, the notary-liquidator is presumed to continue the sales operations.
On the day indicated for the auction, the auction is made at the request of at least one of the parties.
§ 3. In the event of counterclaims made by the parties in accordance with § 1^ereither on the principle of sale or on the terms of the sale, the notary-liquidator shall act in accordance with Article 1216.
§ 4. If the court finds that the convenient sharing in kind is impossible, it orders the sale and fixes, if any, a new period for the award.
In the event of the absence or resistance of the parties or occupant of the real property ordered for sale, the notary-liquidator is authorized, at the expense of the mass, to access the real property concerned, if necessary with the assistance of the public force, assisted, if any, by a locksmith, to enforce the conditions of sale or to permit the visit of the premises by the interested persons.
The occupant is informed of the judgment and the days and hours of visits provided under the conditions of sale.
If the resistance is due to the occupant of the property ordered for sale, the mass, if any represented by the manager referred to in 1212, is authorized to recover its costs and any damages to the occupant. If the occupant is one of the indivisaries and no manager referred to in section 1212 has yet been appointed, such a manager shall be appointed at the request of the most diligent party to act in that direction; in this case, the costs are recovered on behalf of the other indivisaries.
Paragraphs 2 to 4 of this paragraph are reproduced in the judgment ordering the sale of buildings.
If required by at least one of the parties, the notary-liquidator shall proceed to the sale of the immovables in accordance with what is customary in respect of ordinary public sales of immovables and in accordance with section 1193, paragraphs 2 to 7, and, where applicable, in accordance with sections 1186 to 1192 and section 1193, paragraph 8.
The notary-liquidator shall summon the parties, by exploit of usher, by registered letter or against acknowledgement of receipt, to attend sales operations and inform their advice by regular mail, fax or e-mail.
On the day indicated for the auction, the auction is made at the request of at least one of the parties.
Posted on sale, the procedure continues in accordance with Article 1223.
§ 5. If the court finds that the convenient sharing in kind is possible, the judgment it makes, for the purposes of Article 1218, § 3, 3°, the effects of the judgment rendered under Article 1216.
§ 6. If, due to the situation of the buildings, several separate expertise has taken place and if each building has been declared uncomplicated in nature, it is not necessary to read whether it is the result of the confrontation of the reports that the entire building can easily be shared.
In this case, the notary-liquidator shall proceed with the subdivision of the property and act as provided for in section 1223.
Art. 1224/1. § 1^er. Where uncomplicated property in kind within the meaning of Article 1224, § 1^er, are furniture and failing agreement of the parties with respect to their sale, the notary-liquidator sums them, by exploit of bail, by registered letter or against acknowledgement of receipt dated, as well as their advice by regular mail, fax or e-mail, to be aware of the need to proceed with the sale and to notify, in writing, of their counterclaims within the month following the summation, unless otherwise agreed Sommation explicitly mentions this period.
§ 2. In the absence of contradictory statements made by the parties in accordance with § 1^er on the principle of sale, the notary-liquidator is presumed to continue the sales operations.
On the day indicated for the auction, the auction is made at the request of at least one of the parties.
§ 3. In the case of counterclaims formulated by the parties on the principle of sale in accordance with § 1^er, the notary-liquidator acts in accordance with Article 1216.
§ 4. If the court finds that the convenient sharing in kind is impossible, it orders the sale.
If required by at least one of the parties, the notary-liquidator shall proceed to the sale in accordance with sections 1194 to 1204bis, if applicable to the intervention of the judicial officer designated by the notary-liquidator.
On the day indicated for the auction, the auction is made at the request of at least one of the parties.
§ 5. If the court finds that the convenient sharing in kind is possible, the judgment it makes, for the purposes of Article 1218, § 3, 3°, the effects of the judgment rendered under Article 1216.
Sub-section 7. - Call.
Art. 1224/2. Where the appeal relates to a judgment pronounced prior to the opening of the operations referred to in section 1215, the appeal does not have a devolutive effect. Once this appeal is settled, the case is referred to the first judge. »
Art. 6. Section 1326 of the Code, replaced by the Act of 10 March 1983 and amended by the Act of 5 July 1998, is replaced by the following:
"Art. 1326. The public sales referred to in Article 1621 shall take full delegation of the price for the benefit of registered mortgage or privileged creditors who have been validly called to the award. These sales are not subject, in respect of these creditors, to the formalities of the exemption under section 115 of the Act of 16 December 1851.
The same applies to:
- the auction sales authorized in accordance with articles 1193bis, 1193ter, 1580bis and 1580ter, in respect of registered mortgage or preferred creditors who, under these provisions, have been heard or duly called during the authorization procedure;
- the voluntary sales made under articles 1209, § 3, 1214, § 1^erparagraphs 2 and 1224, § 1^erin the context of which the Seller Party voluntarily submitted to the authorisation procedure referred to in Article 1193bis and, in this case, with respect to registered mortgage or privileged creditors who, under this provision, have been heard or duly called during the said procedure. »
Art. 7. Section 1621 of the same Code, as amended by the Act of 8 August 1997, is replaced by the following:
"Art. 1621. § 1^er. Where there is, prior to the transcript of the seizure, a judgment ordering the sale of the seized immovables either pursuant to sections 1186 to 1191, or in any other case where the sale of the immovables takes place at the auction under judicial decisions, the seized person may, after this transcript, call the seizing person before the judge of the situation of the property, to sue the proceedings of real estate enforcement, for a term that is fixed by that This term cannot exceed two months.
§ 2. The same is true when, prior to the transcript of the seizure:
- either the agreement of the parties regarding the public sale of the seized buildings was made in accordance with articles 1209, § 3, and 1214, § 1^er2;
- the time limit left to the parties to formulate counter-claims in respect of the terms of reference for the public sale of the seized buildings prepared by the notary-liquidator under Article 1224, § 1^er, has fallen without such counterclaims;
- a judgment ordering the public sale of the seized buildings was pronounced in accordance with Article 1224, § 4.
§ 3. If, at the expiry of the time limit set by the judge, the sale does not take place, the seizing agent may resume proceedings without requiring a new decision.
§ 4. The order is not subject to opposition or appeal. »
CHAPTER 4. - Amendment of the Act of 10 July 2006 on electronic procedure
Art. 8. In section 15 of the Act of 10 July 2006 on electronic procedure, the number "1208" is repealed.
CHAPTER 5. - Transitional provision and entry into force
Art. 9. The provisions as they were applied before the coming into force of this Act remain applicable to cases in which the application for division is pending and which were deliberated at the time of the coming into force of this Act.
Art. 10. This Act comes into force on the first day of the seventh month following that of its publication in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Nice, 13 August 2011.
ALBERT
By the King:
Minister of Employment and Equal Opportunities,
Ms. J. MILQUET
Minister of Justice,
S. DE CLERCK
State Secretary to Family Policy,
Mr. WATHELET
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) 2010-2011 session.
Senate.
Documents. - Proposal by Mrs. Defraigne et al., 5-405 - No. 1. - Opinion of the Council of State, 5-405 - No. 2. - Amendments, 5-405 - No.^s 3 to 5. - Report, 5-405 - No. 6. - Text adopted by the commission, 5-405 - No. 7. - Text adopted in plenary and transmitted to the Chamber, 5-405 - No. 8.
Annales. - 26 May 2011.
House of Representatives.
Documents. - Project transmitted by the Senate, 53-1513/001. - Amendments, 53-1513/002 and 003. - Report, 53-1513/004. - Text adopted by the Commission, 53-1513/005. - Text amended by the House of Representatives and referred to the Senate, 53-1513/006.
Full report. - 14 July 2011.
Senate.
Documents. - Project amended by the House of Representatives and referred to the Senate, 5-405 - No. 9. - Report, 5-405 - No. 10. - Decision to join the draft amended by the House of Representatives, 5-405 - No. 11.
Annales. - 20 July 2011.