National Chamber of
Glossary
A
Abuse of rights
Exercising a right in such a way that it clearly exceeds the limits of normally exercising that right. In other words, this is when somebody exercises the right contrary to how a prudent person would normally do so.
Acknowledgement of debt
Document with which a party undertakes towards another party to pay a debt in cash or with another item.
Advance fee
An advance payment, for instance as requested by a judicial officer, to be able to meet the costs of later procedural documents.
Amicable
An agreement or arrangement is said to be amicable if it is reached by means of "reconciling" opponents, so that a lawsuit can be completely avoided.
Appeal
Remedy that allows proceedings that have already been tried in the first instance to be assessed by a higher authority.
Application to set aside
Remedy that a party, against whom a judgment in default has been granted, can institute at the court which delivered that judgment.
Application/Petition
Initiating document filed at the court registry. The application/petition can only be used under the circumstances determined by the legislator.
Assignment of a claim
Relationship among three parties: X, Y and Z.
X has a claim against Z.
The assignment of the claim involves X transferring its claim to Y. Z will therefore be bound towards Y.
X is called the “assignor”.
Y is called the “assignee”.
Z is called the “debtor”.
Attachment
A measure performed by a judicial officer on the assets of the debtor at the request of the creditor to secure the latter's rights.
Attachment in execution
Attachment with the view to realising the attached assets in order to obtain payment of the debt.
Attachment of immovable property
Attachment of property that is defined as immovable.
Attachment of movable property
Attachment of property that is defined as movable.
Authorisation
Authority to perform legal acts in the name of another person. “Authorisation” also refers to the document by means of which the authority is granted (also known as a power of attorney).
B
Blatantly unlawful conduct
Serious infringement of a fundamental right that can be sanctioned by a judicial authority.
C
Capacity
Relationship between a party and his/her right with regard to that which he/she takes legal action.
Capitalisation of interest
Adding interest that is due to the capital amount, i.e. the amount that has yielded interest.
Civil-law notary
Public official entrusted with receiving or drawing up deeds and contracts to which he gives authenticity and a fixed date.
Collective debt settlement
Proceedings before the Labour Court for the purpose of remedying the financial situation of a private individual with excessive debt.
Comparative report
Attachment of previously omitted movable property and items performed by the judicial officer where an attachment has already been levied, on the basis of the first attachment report that the judgment debtor and creditor have to produce.
Compound interest
Capitalisation of interest that is due, so that interest in turn also yields interest.
Concurrence of claims (in enforcement law)
Legal situation which arises when different creditors enforce their rights to the same assets of the debtor with a view to recovering their claims.
Crossroads Bank for Enterprises
A register that stores all basic data of enterprises and their business locations. The crossroads bank includes the data of the national register of legal entities, the commercial register, the VAT register and the register of the RSZ (National Office for Social Security).
Crossroads Bank for Social Security
Public institution entrusted with gathering and exchanging information electronically with a view to improving how social security functions.
D
Delegation
Relationship among three parties: X, Y and Z.
X has a claim against Y and Y has a claim against Z.
The delegation involves Y ordering Z to pay X directly.
X is called the “delegatee”.
Y is called the “delegator”.
Z is called the “(delegated) debtor”.
E
Enforceable instrument
A document (court ruling, notarial deed, document issued by a public authority) which can be enforced compulsorily.
Expiry period
Period within which a procedural act must be carried out.
F
Final judgment
Every legal ruling becomes final with regard to the subject of that ruling (the claim, the grounds for the claim, the parties and their capacities). This final and binding nature prevents the claim from being instituted again.
Fixed date of a document
Date that may be relied on against people who have not signed the document in question. The date of an officially certified deed is certain, as is the date of a registered deed.
Force of res judicata
In general terms, each ruling acquires the force of res judicata when it can no longer be set aside or appealed.
G
Garnishment
Attachment levied on a claim which the debtor has against a third party (e.g. attachment of a debtor's salary at an employer).
General Cause List
Public list kept by the court registry of all cases pending before the court.
Grace period
Period which the creditor or the court gives to the debtor with a view to payment of the claim.
I
Immovable property
Practically speaking, this refers to property that people regard as physically unable to be moved (e.g. a house, plot of land, field, a picture in a recess) or the rights relating thereto.
Instance
Level at which a case is fully examined and tried. Some cases can be tried twice on the same level.
Intangible property
Property that does not physically exist but which nonetheless has an economic value, for instance copyright.
Invalidity
Characteristic of a deed or other document that does not comply with the statutory conditions for validity so that it is deemed never to have existed.
J
Judgment
Court ruling of a higher authority, e.g. the Court of Appeal, the Labour Court, Council of State or the Constitutional Court.
Judgment in default
Judgment pronounced against a party who fails to enter an appearance.
Judicial composition
Proceedings under the jurisdiction of the Commercial Court relating to a trader and his/her creditors with a view to remedying the financial situation of that trader's enterprise.
Judicial district
Jurisdiction which corresponds to that of the Court of First Instance. The judicial officer carries out his duties in the judicial district in which he is appointed and is obliged to establish his practice in that district.
Judicial interest
Interest awarded by the court in its ruling, usually from the date of the summons before the court until payment of the amount.
Judicial officer
Public official who has various duties, including notifying parties of procedural acts and executing enforceable instruments. He can also make material findings.
Junior judicial officer
A trainee judicial officer who has passed the entrance examination bears the title of junior judicial officer. He may as a result deputise for a holder of the office of judicial officer.
L
Land register (cadastre)
Official inventory of immovable property (houses, plots of land, fields, pastures, etc). See http://fiscus.fgov.be/interfakrednl/Taken/kadaster.htm.
Lawyer
Officer of the court who gives advice to legal subjects in lawsuits. He can represent them in court or assist them. See www.advocaat.be and www.avocat.be.
Legal act
Act to which the prevailing law attaches specific legal consequences.
Legal assistance
All assistance given to a legal subject for the purpose of protecting his/her rights.
Legal capacity
The ability to have certain rights and obligations.
Legal costs
Costs of proceedings that are laid down by law and that are generally advanced by the party seeking relief to ultimately be ordered payable by the unsuccessful party.
Legal person
Person which is not a natural person but as the holder of rights and obligations nevertheless participates in the legal system. Legal personality is obtained by law.
For instance, the National Chamber of Judicial Officers is a public law legal person pursuant to Article 549 of the Belgian Judicial Code.
M
Money laundering
Punishable acts with regard to financial benefits obtained from a crime. See www.ctif-cfi.be.
Movable property
Practically speaking, this refers to property that people regard as physically able to be moved (e.g. a car, table, or chair) or the rights relating thereto.
N
Notice of attachment
Notice drawn up after an attachment and filed for the purpose of possible consultation in the future.
Notice of delegation
Notice drawn up after a delegation and filed for the purpose of possible consultation in the future.
Notice of salary assignment
Notice drawn up after the assignment of a salary and filed for the purpose of possible consultation in the future.
Nulla bona
Report drawn up following an attachment of movable property in which the judicial officer concludes that the goods found on the premises are exempt from attachment or have insufficient value for the purpose of any sale.
O
Objections to execution
Disputes that arise at the time of execution and that can be submitted to the judgment of the attachment division of the court.
Officially certified deed
Deed prepared in the form prescribed by law by public officials (civil-law notaries, judges and judicial officers).
Order entitling summary execution
Administrative document drawn up by the administration which serves as an enforceable instrument, for example with regard to indirect taxes.
Order to pay
Writ of a judicial officer that demands the debtor to pay his/her debt before attachment can be levied.
P
Penalty
Additional order to pay an amount of money with regard to a main court order. The additional order only comes into play if the main court order is not observed. The main court order cannot consist of an order to pay money, but must be an order for a party to either do something or refrain from doing something.
Period of summons
The period to be observed between the time the addressee is summoned before court and the court hearing itself. That period must enable the addressee to prepare his/her defence and organise his/her court appearance.
Prejudgment attachment
Attachment by means of which the right to freely dispose of the attached assets is taken away from the debtor in order to protect the creditor's interests. The debtor obviously remains the owner of the attached assets but can no longer dispose thereof (e.g. he can no longer sell the assets).
Prescription
Manner in which a right is acquired or extinguished after a specific period of time. Certain events can interrupt and suspend prescription.
Private deed
This is a deed that is drawn up by the parties themselves without any intervention by a public official.
Procedural act
Legal act in connection with legal proceedings.
Proportionate distribution
Compulsory procedure organised by the judicial officer following the completion of an attachment in execution on movable goods or by way of garnishment.
Public auction
Sale for the wider public that is normally organised by a civil-law notary or a judicial officer.
Public official
Person who is given a position relating to the public department for the administration of justice and who is therefore part of the judicial order. In that context, the person concerned has been given the power by the public authority to perform his/her duties independently.
R
Reasonable period
A principle of the proper administration of justice by means of which officers of the court must perform their work at an appropriate pace (not too quickly and not too slowly).
Reconciliation
Peaceful means of resolving disputes.
Remedy
Legal procedure to change a court ruling.
Resumption of proceedings
Substitution of a party to proceedings on account of his/her death or a change to his/her status or capacity.
Right of priority
Real security right granted by law to a creditor because of the nature of the debt.
S
Salary assignment
The assignment of a salary claim.
Security Deposit and Lodgement Pay Office
Institution that exclusively receives and returns deposited funds and securities on the basis of a statutory provision or court ruling. See http://depositokas.be.
Sequestrator
Third party who has custody of an item over which there is a dispute.
Service of attachment
Service of a copy of an attachment notice on a party.
The classic example is the service of a garnishment notice. As the final attachment is levied on a third party (the garnishee, e.g. the debtor's employer), it goes without saying that this attachment notice must be served on the debtor.
Other attachment notices must sometimes be served when someone has an interest in knowing that the attachment has been levied.
Settlement
Agreement by means of which the parties end existing proceedings or prevent future proceedings.
Statutory interest
Interest whose rate is determined by law. It is important, inter alia, for the application of Article 1153 of the Belgian Civil Code.
Subrogation
This occurs when a person or item takes the place of another person or item from a legal perspective.
Summons
Narrow meaning: A document served by the judicial officer in which he notifies a party that he/she is being summoned before the court. The document states the time and date of the court appearance as well as the legal grounds on which the claim is based. Wide meaning: Any form of notice to appear before a court carried out by means of a judicial officer's writ or other means (e.g. by means of an application/petition).
T
Tangible property
Property that physically exists, for instance a cupboard, table or chair.
Third-party account
Account, typically of an independent professional, intended for the funds of third parties.
Third-party proceedings
Remedy available to a party who has not taken part in the proceedings.
Transfer of entry
Incorporating a deed or other document in the register of the land and mortgage registrar with a view to being able to rely on that document in the future.
U
Unlawful entry of a dwelling
Entering a private dwelling without legal grounds on which to do so.
Usurping a function
Assuming a function without having any right to do so.
V
Vexatious proceedings
Claim at law that is evidently inadmissible, unfounded or excessive and that can therefore lead to an order under which the claimant must pay compensation.
W
Withdrawal from proceedings
Waiving the right to institute legal proceedings.
Writ of execution
Instruction given by the administration to a judicial officer with the view to executing an enforceable instrument (enforceable assessment) drawn up by the administration.
