What Does Book 6 Of The New Civil Code Mean For The Worker's Liability?

• Published date: 02 April 2024
• Law Firm: L&E Global
• Author: Van Olmen & Wynant

On 1 February 2024, the House of Representatives approved a new bill relating to Book 6, 'Extra-contractual liability' of the Civil Code. This reform significantly altered the rules governing the liability of auxiliaries and the concurrence of contractual and extra-contractual liabilities. It will be effective 6 months after its publication in the Belgian Official Gazette (which has not yet occurred).

The reform has important implications regarding the former quasi-immunity of the executing agent.

This affects the situation where there are three parties, i.e., the contracting authority (principal creditor) (A), a prime contractor (principal debtor) (B), and a subcontractor or an executing agent (C). Hence, there is a contractual link between the principal creditor (A) and the principal debtor (B) and between the principal debtor (B) and the subcontractor (C). There is no contractual link between the principal creditor (A) and the subcontractor (C).

Before the reform, the principal creditor (A) cannot sue the subcontractor (C) in cases of non-performance or improper performance of the subcontractor's obligations (C) outlined in the contract between the principal debtor (B) and the subcontractor (C). This was derived from:

• Article 1165 of the old Civil Code (principle of relativity of...