Key Changes And Implications In Belgian Tort Law

Key changes and implications in Belgian tort law

On 1 February 2024, the Belgian Parliament approved a new Book 6 of the Civil Code, which introduces significant changes to the country's tort liability regime. In this article we explain the fundamental changes this legislative reform brings: the concurrence of contractual liability and tort liability, and the abolition of the quasi-immunity of auxiliaries.

The new Book 6 is expected to be published this summer and to enter into force on 1 January 2025.

Concurrence of contractual and tort liability

Currently the application of Belgian tort law between contracting parties is limited. Decades ago, the Belgian Supreme Court ruled that by entering into a contract, parties tacitly waive their right to claim damages under tort law if such damages were caused by a breach of contract. Consequently, such damages can only be claimed based on the contractual liability of the defaulting party. In other words, concurrence