Open AccessReform of the civil law of the Kingdom of Belgium – the Act introducing Book III “Property Law” of the Civil Code
Author(s) -
Mariusz Bobiński
Publication year - 2020
Publication title -
nieruchomości@
Language(s) - English
Resource type - Journals
eISSN - 2719-8030
pISSN - 2657-8247
DOI - 10.5604/01.3001.0014.1590
Subject(s) - civil code , civil law (civil law) , law , legislation , context (archaeology) , political science , comparative law , property law , legal history , common law , property (philosophy) , public law , property rights , geography , philosophy , archaeology , epistemology
The article outlines the Belgian legislation in the context of the reform of the civil law system undertakenin 2018, in particular in connection with the announcement on 17 March 2020 of theAct of 4 February 2020 introducing Book III “Property Law” of the Civil Code (C-2020/20374).As an introduction, the article recalls the history of legislation binding on the territory of themodern Belgian state since its founding, explains its relationships with the French civil lawsystem in the context of historical events of the 19th century and describes the most importantreasons for undertaking the recent reform of the civil law. The article presents the mostimportant solutions adopted in the new Belgian property law, in particular it focuses on thepresentation of the new structure of its provisions and on the analysis of principles included inthe introduction to the property law, constituting a novelty in the Belgian civil law in relationto Napoleonic solutions, which were in force on the territories of this country for more than210 years.