Tort law at Belgium
Belgium's tort law underwent a significant reform with the enactment of Book 6 of the Civil Code, which came into effect on 1 January 2025. This reform modernizes extra-contractual liability, aligning it with contemporary legal standards and practices.
⚖️ Key Reforms in Belgian Tort Law
1. Concurrence of Contractual and Extra-Contractual Liability
Previously, Belgian law prohibited pursuing both contractual and extra-contractual (tort) claims for the same incident. With the introduction of Article 6.3, this prohibition has been lifted. Parties can now choose to pursue either or both avenues for compensation, unless explicitly excluded by contract or law. However, exclusions are not permitted for damages resulting from physical or psychological harm or intentional misconduct .
2. Abolition of Quasi-Immunity for Auxiliaries
Under the previous regime, auxiliaries (such as subcontractors, employees, or directors) were generally immune from direct extra-contractual liability to the principal (e.g., the client). Book 6 removes this quasi-immunity, allowing principals to hold auxiliaries directly liable for damages arising from their actions or omissions in performing contractual obligations .
3. Expanded Definition of Damage
The concept of 'damage' has been broadened to encompass both economic and non-economic consequences resulting from the violation of a legally protected interest. This expansion provides clearer guidance in assessing damages and aligns with contemporary understandings of harm .
4. Liability for Defective Goods
Book 6 introduces a new definition for defective goods: an item is considered defective if, by any of its characteristics, it does not provide the safety that one is entitled to expect in the circumstances. This aligns with European standards and enhances consumer protection .
5. Causation and Proportional Liability
The reform clarifies the application of causation principles, including the doctrine of equivalence, and introduces proportional liability in cases of causal uncertainty. This ensures fair distribution of liability among multiple parties involved in causing damage .
🧾 Implications for Stakeholders
Businesses and Contractors: Should review and potentially amend contracts to address the new liability framework, especially concerning auxiliaries and concurrent liabilities.
Insurance Providers: Need to adapt policies to reflect the expanded scope of liability and ensure adequate coverage for potential claims.
Legal Professionals: Must familiarize themselves with the updated provisions to effectively advise clients and represent their interests in legal proceedings.
For a comprehensive understanding of Book 6 and its provisions, you can refer to the official publication in the Belgian Official Gazette or consult legal professionals specializing in Belgian tort law.
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