Belgian Bailiff Ranking Exam cheat sheet

Gerechtelijk Wetboek / Code judiciaire of 10 October 1967 is the general procedural code; it governs competence, pleadings, hearings, judgments, remedies and enforcement.

Territorial competence (art. 624 Ger.W.) generally lies with the defendant's domicile; exceptions exist for contract (place of performance), tort (place of damage), and immovable property (location of the asset).

A claim is introduced by summons (dagvaarding / citation) served by a bailiff, or by voluntary appearance or petition; the summons fixes the subject matter of the dispute (art. 700-702 Ger.W.).

Summons must state the court, the claim, the grounds, and the hearing date, and must be served within the legal time limits; nullity requires proof of harm (art. 861 Ger.W.).

Ordinary remedies: verzet (default judgment, 15 days), hoger beroep (appeal, usually 30 days from notification), cassatie (cassation, 3 months from notification).

Default procedure: if the defendant fails to appear, the court may enter judgment by default (verstek), which is open to opposition (verzet) unless the judgment is deemed contradictory.

Judgments are enforceable only with an enforceable title: final judgment, provisionally enforceable judgment, authentic instrument, or enforceable foreign title with exequatur.

Res judicata (gezag van gewijsde) attaches once remedies are exhausted or time limits lapse; it bars a new claim on the same subject, cause and parties.

The bailiff (gerechtsdeurwaarder / huissier de justice) holds a public office and is the competent officer for serving process and for most enforcement acts.

Distraint (beslag / saisie) requires a prior enforceable title and a formal notice to pay (bevel / commandement) unless the law dispenses with it.

Preceding notice (bevel tot betaling) is generally mandatory before seizure; it must state the amount claimed and allow a period for voluntary payment.

Attachment of movable goods (roerend beslag) is followed by sale; attachment of earnings (loonbeslag) is subject to limits on the attachable portion (beslagvrije voet).

Garnishment (derdenbeslag / saisie-arrêt) is served on the third-party debtor, who must declare what it owes; failure to declare can make the third party liable.

Immovable property enforcement (executoriaal beslag on real estate) requires registration, a period for voluntary sale, and public auction before a notary or court.

The judge of attachments (beslagrechter / juge des saisies) rules on disputes concerning seizures, including claims of third parties and requests for lifting.

Enforcement must respect proportionality and human dignity; excessive or abusive seizure can be challenged and may give rise to damages.

Contract formation requires offer, acceptance, capacity, and a lawful, determinate object; consent must be free from error, fraud, duress, or undue influence.

Pacta sunt servanda: binding contracts must be performed in good faith; non-performance allows specific performance or termination with damages.

Tort liability (art. 1382-1383 old Civil Code; new Book 6) requires fault, damage, and causal link; strict liability regimes exist for defective products, animals, and dangerous things.

The new Civil Code (Books 1-5, in force 1 January 2023) modernised obligations, property, and evidence; Book 6 covers extra-contractual liability.

Commercial law: the Code of Economic Law (WER) governs market practices, consumer protection, and insolvency; the Business Court (ondernemingsrechtbank) hears commercial disputes.

Company forms: BV/SRL (flexible private company), NV/SA (public company), VZW/ASBL (non-profit), maatschap (partnership); each has distinct capital and liability rules.

Insolvency: judicial reorganisation, bankruptcy, and dissolution are regulated by Book XX of the Code of Economic Law; the trustee (curator) realises assets and distributes proceeds.

Limitation periods: general 10-year period for personal actions (new Civil Code), shorter periods for consumer and commercial claims; interruption by summons or acknowledgment.

Courts: Justice of the Peace (Vredegerecht), Court of First Instance (Rechtbank van eerste aanleg), Business Court, Labour Court, Court of Appeal, Court of Cassation.

The Court of Cassation reviews only legal questions, not facts; it can quash and remit to another court of the same level.

The High Council of Justice (Hoge Raad voor de Justitie) handles recruitment, appointment, and evaluation of magistrates.

Bailiffs are appointed by royal decree after passing the ranking exam and a period of professional traineeship; they are organised in local chambers.

The National Chamber of Bailiffs (Nationale Kamer van Gerechtsdeurwaarders) regulates discipline, ethics, and professional standards.

Other legal professions: lawyers (advocaten), notaries, judicial experts, and legal secretaries each have distinct statutory access and deontology.

The Judicial Code sets the territorial jurisdiction and internal composition of each court; language use is regulated by the language laws of the communities.

Judges are independent and irremovable; recusal (wraking) is available where impartiality is in doubt.

Crime classification: misdrijf (offence) is categorised as misdaad (serious), wanbedrijf (lesser), or overtreding (minor); classification affects court and limitation.

Legal elements: material element (act or omission), moral element (intent or negligence), and unlawfulness; absence of any element bars conviction.

The Code of Criminal Procedure (Sv.) governs investigation, arrest, search, and trial; the Code of Criminal Investigation (Wetboek van Strafvordering) is being progressively replaced.

The investigating judge (onderzoeksrechter) conducts judicial investigation; arrest requires a warrant and appearance before the investigating judge within 48 hours.

Presumption of innocence, right to silence, and right to counsel apply from the first interrogation; statements obtained in violation may be excluded.

Limitation periods (verjaring) differ by offence level and are suspended or interrupted by procedural acts.

Remedies: appeal (hoger beroep) to the correctional chamber of the Court of Appeal, and cassation to the Supreme Court; the jury (hof van assisen) handles the most serious crimes.

Victims may join as civil party (burgerlijke partij) in criminal proceedings to claim damages.

Employment contract types: indefinite (onbepaalde duur), fixed-term (bepaalde duur), temporary agency work, and replacement contracts; each has statutory formalities.

The Law of 3 July 1978 on employment contracts governs termination, notice periods, and severance; notice is calculated by seniority and remuneration.

Dismissal requires a valid reason (dringende reden, or notice with stated grounds); manifestly unreasonable dismissal may trigger damages.

Working time is regulated by the Labour Act of 16 March 1971: maximum 8 hours per day and 38-40 hours per week depending on sector.

Minimum wage is set by collective agreement (cao) and the National Labour Council; sectoral agreements extend to all employers in the sector.

Social security: salaried workers are covered for pensions, health, family allowances, and unemployment; contributions are shared between employer and worker.

Well-being at work (Law of 4 August 1996) covers safety, psychosocial risks, and prevention advisors; the labour court hears disputes.

Collective bargaining and strikes are protected; the Labour Court (Arbeidsrechtbank) has jurisdiction over individual and collective labour disputes.

Income tax: personal income tax (PB) applies to individuals; corporate tax (VenB) applies to companies; non-residents are taxed on Belgian-source income.

VAT (btw/TVA): standard rate 21%, reduced rates 6% and 12%; registration and periodic returns are mandatory for taxable persons.

Tax collection: the tax administration (FOD Financiën / SPF Finances) issues assessments; payment deadlines and interest are set by the Income Tax Code.

Enforcement of tax debts: the tax collector can issue a writ of execution (dwangexecutie) and seize assets without prior court judgment in specified cases.

Taxpayer remedies: administrative objection (bezwaar) within statutory periods, then appeal to the tax court (rechtbank van eerste aanleg, tax chamber).

Tax fraud and tax evasion are criminal offences; the tax administration may refer cases to the public prosecutor and impose administrative fines.

Local and regional taxes (provincial, municipal, regional) are collected under separate ordinances; regional tax administrations handle their own enforcement.

Limitation periods for tax assessment and collection are set by law; interruption and suspension rules apply to enforcement acts.

Administrative acts must respect legality, proportionality, and the duty to give reasons (motiveringsplicht) under the Law of 29 July 1991.

Hierarchical and tutelary supervision: higher authorities may annul or suspend acts of lower bodies; decentralised public bodies have autonomy within limits.

The Council of State (Raad van State) reviews administrative acts for legality; it can annul but not substitute its own decision.

Public procurement is governed by the Law of 17 June 2016; thresholds trigger European procedures and standstill periods.

Civil servants are governed by the Public Service Statute (ambtenarenstatuut); disciplinary sanctions follow statutory procedures.

Administrative enforcement: administrative fines and coercive measures (dwangsom) can be imposed for regulatory breaches.

Access to public documents is regulated by the Openbaarheid van Bestuur rules; refusals can be challenged before the administrative courts.

The Constitution and special laws allocate competences between federal, regional, and community authorities; conflicts are resolved by the Constitutional Court.

Bailiffs are bound by professional secrecy (beroepsgeheim) and must protect confidential information obtained in their office.

Independence and impartiality: a bailiff may not act where personal interest, family ties, or prior involvement create a conflict.

Deontology rules prohibit misleading fees, canvassing, and unauthorised delegation of enforcement acts to non-bailiffs.

The National Chamber and local chambers impose disciplinary sanctions: warning, reprimand, suspension, or removal.

Bailiffs must maintain a professional office, insurance coverage, and adequate records; accounting is subject to chamber supervision.

Fees and costs are regulated by law (KB of 30 November 1976 and later amendments); unauthorised surcharges are disciplinary offences.

Client funds must be held in a separate account (derdengeldenrekening) and cannot be mixed with the bailiff's own funds.

Communication with parties must be respectful and accurate; false statements about legal consequences may breach deontology.

Bailiffs must keep a trust account (derdengeldrekening) separate from operating accounts; client funds are not part of the bailiff's estate.

Fees are calculated on the basis of the regulated tariff (KB 30 November 1976), distinguishing acts, travel, and disbursements.

VAT applies to bailiff services; invoices must state the VAT number, the rate, and the taxable base.

Accounting obligations include a journal of receipts and disbursements, annual accounts, and retention of documents for statutory periods.

Double-entry bookkeeping is required for the office; the balance sheet and income statement must reflect trust funds separately.

Chamber supervision includes periodic audits of accounting records and trust accounts.

Insolvency of a bailiff triggers special rules for the return of client funds and the transfer of files.

Interest on late payments and recovery costs are regulated; the bailiff may charge statutory interest on overdue fees.

Belgian judicial language is determined by the language of the region or the language of the proceedings; bilingual procedures exist in Brussels and certain municipalities.

A summons (dagvaarding) must be drafted in the language of the court and contain the mandatory elements of art. 43 Judicial Code and art. 700-702 Ger.W.

Legal drafting requires precision: identify parties, court, subject matter, facts, legal grounds, and the specific relief sought.

Use standard formulas and avoid ambiguity; each claim must be separately and clearly stated to be admissible.

Citations must follow the uniform citation rules of the Belgian legal journals; case law is cited by court, date, and publication.

Translation of procedural documents must be certified where the law requires; language errors can lead to nullity if harm is proven.

Plain-language drafting is encouraged for client communication, but procedural documents must respect statutory terminology.

Consistency in terminology (e.g., beslag / saisie, vonnis / jugement) is essential to avoid confusion in enforcement.

GDPR (Regulation 2016/679) applies to bailiffs as data controllers; processing requires a lawful basis, purpose limitation, and data minimisation.

Special categories of data (health, criminal records) require stricter safeguards; enforcement files often contain sensitive information.

Data subjects have rights of access, rectification, erasure, and objection; requests must be answered within one month.

A data breach must be notified to the Data Protection Authority within 72 hours where it poses a risk to rights and freedoms.

Electronic service and digital files are regulated by the Judicial Code and the e-Box (e-Box Enterprise) system; digital signatures have legal effect.

The bailiff must maintain a register of processing activities and appoint a data protection officer where required.

Security measures include access control, encryption, and retention limits; files must be destroyed after statutory periods.

Cross-border data transfers require adequacy decisions or appropriate safeguards under the GDPR.

GDPR (Regulation 2016/679) applies to bailiffs as data controllers; processing requires a lawful basis, purpose limitation, and data minimisation.

Special categories of data (health, criminal records) require stricter safeguards; enforcement files often contain sensitive information.

Data subjects have rights of access, rectification, erasure, and objection; requests must be answered within one month.

A data breach must be notified to the Data Protection Authority within 72 hours where it poses a risk to rights and freedoms.

Electronic service and digital files are regulated by the Judicial Code and the e-Box (e-Box Enterprise) system; digital signatures have legal effect.

The bailiff must maintain a register of processing activities and appoint a data protection officer where required.

Security measures include access control, encryption, and retention limits; files must be destroyed after statutory periods.

Cross-border data transfers require adequacy decisions or appropriate safeguards under the GDPR.