Relief in Small and Simple Matters in Belgium

19 Pages Posted: 26 Mar 2016

See all articles by Stefaan Voet

Stefaan Voet

KU Leuven - Institute for Civil Procedure

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Date Written: July 01, 2015

Abstract

This article is based on a national report that was written for the XVth World Congress of the International Association of Procedural Law that was held in Istanbul in May 2015 and that focused on Effective Judicial Relief and Remedies in an Age of Austerity. It first of all sketches the general judicial context in Belgium and some of its relevant features: the judicial organisation, the goals of the civil justice system, the course of an ordinary civil lawsuit, the role of the court, and the litigation costs. Next, a detailed and critical overview of the current and future procedures that offer relief in small and simple matters is given. The current summary order for payment procedure, which was introduced in 1967, did not meet its goals. The article concludes that a new trend is emerging in Belgium, namely keeping small and unchallenged claims outside the judiciary and providing for cheaper and more efficient alternatives.

Keywords: Belgium, small simple matters, recovery of unchallenged claims, summary order for payment

Suggested Citation

Voet, Stefaan, Relief in Small and Simple Matters in Belgium (July 01, 2015). Erasmus Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2754616

Stefaan Voet (Contact Author)

KU Leuven - Institute for Civil Procedure ( email )

Tiensestraat 41
Leuven, B-3000
Belgium

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