Belgium's New Civil Code: Implications For Tort Law And Sustainability

• Published date: 27 March 2024
• Law Firm: Osborne Clarke
• Author: Cedric Degreef

This is the second in our ongoing series looking at the changes to Belgian law due to the recent reforms to the Civil Code (Book VI). You can find the introduction to the series here.

One of the new provisions of Book 6 is on the duty to prevent damages. Notably, art. 6.28 stipulates that the costs of urgent and reasonable measures taken by the injured party to avoid imminent damage or to prevent the aggravation of damage, will be charged to the person liable or the person who would have been liable, if the damage had occurred, even when these measure have been fruitless. The judge can issue an order or prohibition to the person liable, aimed at...