Belgian Bailiff Ranking Exam flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Enforceable title

A document permitting enforcement, such as a final judgment, an authentic instrument, or a foreign title declared enforceable by exequatur, without which no distraint may lawfully proceed.

Summons

The bailiff-served document that brings a civil claim before a court, stating the parties, the court, the facts, the legal grounds, and the relief sought.

Verzet

An ordinary remedy allowing a defendant who did not appear to have a default judgment set aside, generally within fifteen days of service.

Hoger beroep

An ordinary appeal against a first-instance judgment, usually filed within thirty days of notification, heard by the Court of Appeal.

Garnishment

A seizure served on a third party who owes money to the debtor, requiring that third party to declare the debt and pay the bailiff instead.

Beslagvrije voet

The portion of a debtor's income or earnings that is protected from attachment, ensuring the debtor retains the minimum needed to live.

Beslagrechter

The judge competent to decide disputes arising from seizures, including third-party claims, lifting requests, and challenges to enforcement measures.

Pacta sunt servanda

The principle that validly concluded contracts bind the parties and must be performed in good faith unless lawfully terminated or modified.

Tort liability

Liability requiring a fault, damage, and a causal link between them, allowing the injured party to claim compensation from the wrongdoer.

BV/SRL

A flexible Belgian private company form with limited liability, permitting capital-free incorporation and adaptable governance rules under the Companies Code.

Court of Cassation

The supreme court that reviews only questions of law, quashing judgments that breach or misinterpret the law and remitting them to another court.

Hoge Raad voor de Justitie

The High Council of Justice, responsible for recruiting, appointing, and evaluating magistrates and advising on the functioning of the judiciary.

Ondernemingsrechtbank

The Business Court, competent for commercial disputes, company law matters, and insolvency proceedings involving traders and companies.

Onderzoeksrechter

The investigating judge who directs a judicial investigation, issues arrest warrants, and must bring an arrested person before a judge within forty-eight hours.

Presumption of innocence

The right of every accused person to be treated as innocent until guilt is established by a final judgment after a fair trial.

Burgerlijke partij

A victim who joins criminal proceedings as a civil party to claim damages from the accused alongside the public prosecution.

Arbeidsovereenkomst

A contract under which a worker performs services for an employer in return for remuneration, under the employer's authority and direction.

Dringende reden

A serious ground permitting immediate dismissal without notice or severance, where continued employment is genuinely impossible.

Arbeidsrechtbank

The Labour Court, competent for individual and collective labour disputes, social security matters, and employment contract claims.

BTW

Belgian value added tax, levied on goods and services at standard and reduced rates, with taxable persons required to register and file periodic returns.

Dwangexecutie

A writ of execution enabling the tax administration to seize assets for unpaid taxes without a prior court judgment in specified cases.

Bezwaar

An administrative objection filed with the tax administration against an assessment, to be lodged within statutory periods before any court appeal.

Motiveringsplicht

The duty of administrative authorities to state the legal and factual grounds of an administrative act, failing which the act may be annulled.

Raad van State

The Council of State, which reviews the legality of administrative acts and may annul them, but cannot substitute its own decision.

Beroepsgeheim

The professional secrecy binding bailiffs, prohibiting disclosure of confidential information obtained in the exercise of their office.

Derdengeldrekening

A separate trust account holding client funds, kept apart from the bailiff's operating accounts and not forming part of the bailiff's estate.

Tarif

The regulated fee schedule set by royal decree, determining the amounts chargeable for bailiff acts, travel, and disbursements.

Double-entry bookkeeping

An accounting method recording each transaction in at least two accounts, required for the bailiff's office to ensure accurate financial records.

GDPR

The EU data protection regulation requiring lawful, transparent, and purpose-limited processing, with rights for data subjects and breach notification duties.

Data breach notification

The obligation to inform the Data Protection Authority within seventy-two hours of a breach likely to pose a risk to individuals' rights and freedoms.

E-Box Enterprise

A digital mailbox used by Belgian businesses and professionals to receive official documents and communications electronically from public authorities.

Judicial language

The language prescribed by law for proceedings before a given court, determined by the region or the language of the procedure.