International Co-operation in Litigation: Belgium
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Description
Belgium is divided into twenty-six judicial districts (arrondissements). In each arrondissement, there is a court of first instance (tribunal de première instance), which functions as a court of general competence. Review of decisions of a court of first instance may be had in one of the three courts of appeal (cours d’appel) which sit in Brussels, Ghent, and Liège, and final review of questions of Belgian law may be had in the Court of Cassation (Cour de Cassation). In addition to these courts, there are several tribunals of special competence. Disputes that do not exceed 10,000 francs (about $200) and certain other controversies are heard by justices of the peace (juges de paix). Commercial matters are heard before commercial courts (tribunaux de commerce). Controversies between employers and employees are adjudicated by a special tribunal (conseil de prud’hommes) or, if the defendant does not object, by a court of first instance under its general adjudicatory powers. Proceedings in the courts of first instance are governed by the Code de Procédure Civile, which is a modified version of the French Code de Procédure Civile of April 14, 1806. The influence of French law on Belgian procedure is pronounced and, either by design or as a consequence of common heritage, rules evolved in France are frequently adopted by the courts of Belgium.
Source Publication
International Co-operation in Litigation: Europe
Source Editors/Authors
Hans Smit
Publication Date
1965
Recommended Citation
Rigaux, François and Miller, Arthur R., "International Co-operation in Litigation: Belgium" (1965). Faculty Chapters. 1089.
https://gretchen.law.nyu.edu/fac-chapt/1089
