FORECLOSURE

Foreclosure refers to the civil penalty imposed on a person whereby, upon expiry of the deadline legally granted to them to assert their rights in court, the right of action to which they were entitled for the recognition of those rights is extinguished.

Having not acted within the deadlines, the plaintiff is thus unable to take legal action. It should be noted that this penalty does not extinguish the plaintiff’s unasserted right, but rather their option to assert it in court (e.g.: deadline for lodging an appeal, etc.).

By way of exception, the law does, however, provide for cases of foreclosure relief, most notably in relation to receivables. For instance, during the judicial liquidation of a company, the creditor has a period of two months to notify his debts. Beyond this deadline, foreclosure comes into play. However, the creditor may, based on a foreclosure relief application, prove that the non-declaration of debt was beyond their control (an omission or bad faith on the part of the debtor, etc.).

Updated 10/07/2017

Definitions provided under this section refer to the Belgian situation; unless specified otherwise. The texts are meant to summarize concepts in daily language and should not be considered as comprehensive or definite. We welcome suggestions for modifications or additions at glossary@tcm.be.