Proposition 51K0675

Logo (Chamber of representatives)

Projet de loi modifiant les articles 78 et 79 du Code civil concernant la déclaration et les actes de décès.

General information

Submitted by
PS | SP MR Open Vld Vooruit Purple Ⅰ
Submission date
Jan. 13, 2004
Official page
Visit
Status
Adopted
Requirement
Simple
Subjects
civil law civil status

Voting

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

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Discussion

April 27, 2006 | Plenary session (Chamber of representatives)

Full source


Rapporteur Jean-Pierre Malmendier

I refer to this in my written report.


Liesbeth Van der Auwera CD&V

Mr. Speaker, Mrs. Minister, colleagues, the CD&V Group is pleased that this bill is being submitted to the plenary session for voting today.

A death, in any case, brings much sadness to the family and friends of the person concerned in the first place. In addition, a lot of practical and administrative issues must be dealt with.

It is the task of the legislature not to further tax the period of mourning for the survivors. The proposal is therefore intended to reduce the administrative burden for the relatives of the survivors of a deceased person to an absolute minimum.

At present, a death of two witnesses must be ⁇ to the civil status official. Those witnesses are preferably two close blood relatives or neighbors, or the person in whose home the person concerned has died, together with a blood relative or another person. That arrangement dates back to the time when most people still died at home and is not adapted to the evolved social context.

The proposal aims to limit the death declaration to one single person. This may be a relative of the deceased, but also any third party that can present a death certificate from the doctor, such as a funeral contractor or someone from the hospital. The declaration of death can be an emotionally heavy task, so the relative understandably prefers to give that matter to a third party. The proposed scheme is a measure of administrative simplification. The CD&V group is therefore pleased that the Secretary of State for Administrative Simplification, Vincent van Quickenborne, also fully supports our proposal.