New Book 5 of our Civil Code with provisions on general Belgian Contract law entered into force on 1 January 2023. Book 5 forms part of a general modernisation of our civil law.
This new set of rules covers all types of contracts and will have a significant impact on the negotiating and drafting of commercial contracts subject to Belgian law. The main objective was to (re)codify a series of principles already interpreted by case law and legal doctrine aiming for more legal certainty, accessibility of contract law, and modernisation.
The following changes are key: clarifications on pre-contractual liability, codification of abuse of circumstances, hardship, termination for anticipatory breach, and price reduction as new remedies for contractual breaches and new rules on liability caps.
Want to know more? Contact Nuans.
Nuans works diligently to draft and prepare well-negotiated contracts up to date with new Book 5 of our Civil Code. Our lawyers advise you on the full spectrum of commercial contracts, including transactions, partnerships, IT, data, software, and technology contracts.