Civil Law Lawyers in Belgium

The Civil Code in Belgium 

The Civil Law in Belgium governs the laws and regulation of the Civil Code. The current Civil Code in Belgium was historically based on the French Civil Code of 1804 (the Napoleonic Code); since 2020 it is being replaced book by book by a new Civil Code (e.g. Book 3 on property in 2021, Book 5 on obligations in 2023, Book 6 on extra-contractual liability in 2025); the original code is based on the principles of private property, the freedom of contract and the binding force of contracts.

The Belgian Civil Code helps citizens understand the law and therefore apply it easily, and therefore avoid as much as possible the recourse to justice. The language used for the Civil Code is clear and accessible to everyone, and the rules are rational and systematic. In addition, the code is egalitarian, meaning that everyone has the same rights. 

Differences between Common Law and Civil Law in Belgium

The main difference between a Common Law System and a Civil Law System in Belgium is that the last one makes a fundamental distinction between public and private law, and Belgium is one of the countries that applies this differentiation, therefore for Civil Law lawyers in Belgium it is an important distinction. While Private Law in Belgium solves disputes between individuals and regulates the relations among citizens, the Public Law manages the relations between the state and its citizens in regards to internal organization of the states.

Belgian Courts apply the law to a case fact

The Belgian Civil Law contains a large number of general rules and principles and it only provides guidelines and frameworks without details. Therefore, the courts apply the laws from the code to case facts. However, since the code needs to regulate all cases that could occur in practice, in special cases that are not specifically regulated, the courts apply general principles. For assistance in law interpretation and personalized consultancy for complex cases our Belgian litigation attorneys are here to help you.

Our Civil Law lawyers in Belgium can provide information on various legal aspects. Contact us for more information. 

Constitution of Belgium, the highest legal code of laws

Belgium’s Constitution is the highest legal rule in the internal legal order, and doctrine is a main priority in the Belgian Civil Law. It dates back to 1831 and it established Belgium as a centralized unitary state that evolved since 1970 into a federal state. The most important change that occurred in the Belgian Constitution was the introduction of the Court of Arbitration (1984), renamed the Constitutional Court in 2007, whose competences were expanded by the Sixth State Reform in 2014. Our Civil Law lawyers in Belgium can give you more details on this matter.

Doctrine is more important than jurisprudence, as applies general principles and is only a secondary source of law of explanation. In comparison to Common Law, in the Civil Law in Belgium the separation of the powers is highly important, since only the legislator has the power to  legislate, and not the judge. Judges must interpret the law and bring suggestions.  

If you are interested in the types of Courts in Belgium, please see the related articles on our website, or schedule a meeting with us.