Category: LEGAL NEWS
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Are employees now liable for damages they cause while working?
The abolition of quasi-immunity of the executive agent (Part 3) 1. Abolition of the quasi-immunity of the performing agent/assistant person Previously, it was assumed that performing agents or auxiliary persons, such as employees, were protected from liability. This meant that an employee could not be held liable by a third party, such as a customer…
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Renting in Brussels: new guidelines for registration of the rent contract starting 1 January 2025
1. What does the new registration entail? The new system, managed by the Regional Service for Rent Contract Registration, requires landlords to submit several documents and provide specific data. These include: 1.1 Documents to be registered: 1.2 Data to be provided: At registration, landlords must also input metadata regarding the rent contract, including: This comprehensive…
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Rezoning areas as water-sensitive open space areas
How does this affect property agents and owners? This obligation arises from the decisions of the Flemish Government of 19 July 2024 on the definitive designation of water-sensitive open space areas. Water-sensitive open space areas are undeveloped water-sensitive areas with a hard designation. The Flemish Government decided that it would be better not to develop…
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Belgium implements CSRD: SMEs also feel the impact
1. The reporting requirement will be introduced in phases The planned phases are as follows: Although the CSRD’s reporting requirements will implemented in phases and will initially affect only large companies and organisations of public-interest, SMEs are also impacted. Indeed, SMEs will be indirectly affected by the additional reporting requirements. This is because companies at…
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Even in the case of furnished rentals, foreign rental income may be fully taxable abroad
1. Belgian tax authorities are currently organising an audit campaign Since 2021, online platforms, such as Airbnb, are obliged to exchange data with the Belgian tax authorities. Based on this data exchange, the Belgian tax authorities have launched a general control action.The starting point of this action is that in the case of a furnished…
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Is any agricultural land eligible for expropriation for reasons of afforestation and nature realization?
Flemish Farming Lease Decree explained (Part 13) 1. When the lessor is expropriated If the lessor is expropriated, the old Farming Lease Law clearly states in the preparatory works that the consequences of an expropriation of a leased property are beyond the scope of the Farming Lease Law. In the case of judicial expropriation, the…
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Court forces sperm donor to undergo DNA testing
A groundbreaking judgment obtained by our firm 1. Previously… A child conceived through anonymous sperm donation and in-vitro fertilization discovers at a certain age that her legal father is not her biological father. She therefore seeks clarity about her biological paternity on her father’s side, without wanting to break the bond with her legal father. …
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Directors can be held personally liable
The abolition of quasi-immunity of the executive agent (Part 2) 1. What does the new regulation stipulate? As from 1 January 2025, the “auxiliary person” can be held personally liable by the counterparty if he commits an extra-contractual fault. In contrast, the auxiliary person will not be liable if the mistake is merely a contractual. Hence,…
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Can the farming lease be continued by the heirs after the death of the lessee? If so, what are the conditions?
1. General principle The rules provided for in the Farming Lease Law for when the lessee dies are taken over in the Farming Lease Decree, albeit with some legalistic and linguistic adjustments. In principle, the farming lease continues in favour of the heirs or successors unless: 2. To what extent do heirs have the right…
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Donor children have a right to obtain information regarding their donor
1. The underlying facts A donor child asked the fertility clinic where the mother underwent medically assisted reproductive treatment for a copy of the mother’s medical file. With this file, the donor child can find out information about the donor, and thus regarding her origin and identity. The fertility clinic refused to transfer the mother’s…