BELGIUM Law and Practice Contributed by: Larissa De Wulf, Carolyn Vanthienen and Alexandra Goossens, Tiberghien
Registered partnership or de facto cohabit - ing partners can invoke the concept of enrich - ment without cause. This pertains to a transfer of assets from one individual (the impoverished person) to benefit the assets of another (the enriched person) without any accompanying legal cause (eg, a contractual, legal, or natural obligation). 2.7 Enforcement National Enforcement A maintenance decision is provisionally enforce - able by operation of law unless the family court decides otherwise at the request of one of the parties. The creditors can pursue their claim – ie, a bailiff may seize the goods, bank account, or wages of a maintenance debtor so that the maintenance creditor can be paid. A family court decision regarding a liquidation/ division is provisionally enforceable. The inter - ested party has the right to enforce the judg - ment, even though the other party may still Decisions regarding matrimonial property law settlements from other EU member states are recognised in Belgium without additional pro - cedures. The Matrimonial Property Regulation No 2016/1103 If the Matrimonial Property Regulation No 2016/1103 applies, decisions given in an EU member state and enforceable in that state will be enforceable in Belgium when – upon the application of any interested party – they have been declared enforceable there in accordance with the procedure provided for in Articles 44 to 57 of the regulation (Article 42). If the regula - tion does not apply in the case of non-EU deci - appeal (albeit at its own risk). International Enforcement
sions, Belgian rules of international private law prevail. The date of the document or decision determines which rules apply. The Code of Private International Law For documents or decisions from 1 October 2004, onwards, the Code of Private Interna - tional Law applies. Enforcement of an authentic document or decision concerning marital prop - erty requires judicial intervention, initiated by a For maintenance under the Maintenance Regu - lation No 4/2009, the enforcement depends on whether or not an EU member state is bound by the Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations (the “2007 Hague Protocol”). If the member state giv - ing the decision is bound by the 2007 Hague Protocol, the decision that is enforceable in that state will be enforceable in Belgium without the need for a declaration of enforceability (Article 17). If the member state is not bound and the decision is enforceable in that state, the decision will be enforceable in Belgium when – on the application of any interested party – it has been declared enforceable there (Article 26). The 2007 Hague Convention petition to the family court. The 2007 Hague Protocol Between Belgium and a third country to which the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (the “2007 Hague Convention”) applies (and the Mainte - nance Regulation No 4/2009 does not), a deci - sion is enforced under certain conditions (Article 20). The Lugano Convention On judgments and deeds of countries to which the Lugano Convention on Jurisdiction and the
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