Proposition 50K1207

Projet de loi modifiant l'article 50 du Code judiciaire.

General information ¶

Authors

CD&V Servais Verherstraeten
Ecolo Vincent Decroly
Groen Fauzaya Talhaoui
LE Jean-Jacques Viseur
MR Jacqueline Herzet
N-VA Geert Bourgeois
Open Vld Guy Hove
PS | SP Karine Lalieux
Vooruit Fred Erdman

Submission date

April 19, 2001

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

civil procedure

Voting ¶

Voted to reject

Groen CD&V Vooruit Ecolo LE PS | SP Open Vld N-VA MR FN VB

Contact form ¶

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Discussion ¶

May 23, 2001 | Plenary session (Chamber of representatives)

Full source

Mr. Speaker, Mr. Secretary of State, dear colleagues, the Justice Committee examined this bill amending Article 1253quater during its meeting on 9 May. In the introductory presentation, the chairman of the Justice Committee, Fred Erdman, author of the bill, came from the conclusion that at present, when persons wish to appeal in a common law proceedings, the time it has to do so is extended until the 15th day of the new judicial year, if that time takes place and expires during the judicial holidays.

However, this rule does not apply in the case of an appeal in the context of an order issued on claims relating to the respective rights and duties of spouses, their matrimonial regime and certain obligations arising from marriage and filiation.

The Court of Arbitration, in its judgment of 14 February last year, found that this difference of treatment was discriminatory. The aim of this bill is to restore equality.

During the brief discussion, the Minister of Justice declared himself in favour of the bill. Furthermore, Mr Bourgeois submitted an amendment considering it desirable to resolve this problem by amending Article 50, paragraph 2 of the Judicial Code.

Author of the bill, Fred Erdman, welcomed this amendment which was adopted unanimously as well as Article 2 and the entire bill.

I would also like to point out that the title of the bill was changed and turned into a bill amending Article 50 of the Judicial Code.

May 31, 2001 | Plenary session (Chamber of representatives)

Full source

I refer to the written report.

Does anyone ask for the word?