This 1^er July 2022, readers of the Moniteur belge were able to see the publication of Books 1^er and 5 of the new Civil Code. This publication is an important step in the recodification of the entire Civil Code of 1804, initiated under the aegis of the former Minister of Justice since 2015. It follows in particular :

• the entry into force of Book 2, Title 3 "Property relations between couples" and Book 4 "Inheritance, gifts and wills" on 1 January 2007.^er July 2022;
• With the entry into force of Book 3 "Property" on 1 January 2007, the^er September 2021;
• With the entry into force of Book 8 "Evidence" on 1 January 2009, the^er November 2020.

Book 1^erThe second part of the Code, which is more limited, contains the general provisions, which will apply to all 10 Books that will eventually form the New Civil Code. It defines essential concepts, such as juridical act, manifestation of will, notification, subjective good faith, abuse of rights, intention to harm and renunciation of a right.

Book 5 reforms and modernises the law of obligations.

The legislator's objective is to recodify the law in a 'constant law' manner by combining the legal concepts of the old Civil Code with the doctrine and case-law which have developed over more than 200 years, in order to ensure better accessibility to the rules of the law of obligations, to create greater legal certainty and to simplify the law arising from the case-law. Although this reform is announced as being 'in accordance with the law', it puts an end to certain controversies, such as the distinction between the extension and renewal of a contract or the enshrinement of the principle of liability for culpa in contrahendo. It also introduces new concepts, such as unforeseeability, described as the right of a debtor faced with a change of circumstances making the performance of the contract excessively onerous to request a renegotiation of the contract subject to certain conditions.

The laws of 28 April 2022 relating to the two Books provide for entry into force on the first day of the sixth month following publication in the Moniteur belge, i.e. on 1 April 2022.^er January 2023.

The legislator has also provided for a transition between the old and the new law of obligations. Indeed, Article 64 of the Act of 28 April 2022 on Book 5 provides, not surprisingly, that " the provisions of Book 5 of the Civil Code shall apply to legal acts and legal facts occurring after the entry into force of this Act. "

Contracts concluded before the entry into force of the new Books are subject to the legislation in force on the day of their conclusion. A derogation is provided for acts and legal facts prior to 1 January 2007.^er If they arise after that date but relate to an obligation arising from a legal act or fact that occurred before the entry into force, that act or fact will be governed by the new Books of the Civil Code. This is the case of a payment, a notice of default or an amendment, which relate to a contract concluded under the previous law.

The courts will therefore continue to apply the old and new laws for a long time.

Francine MESSINNE and Pier Paolo PAVANELLO, lawyers.

For more information, please contact Francine MESSINNE (francine.messinne@cew-law.be), Managing Partner and lawyer, CEW & Partners.