Glossary

The Justice of the Peace

The Justice of the Peace has a civil jurisdiction competence to hear and decide in civil or commercial cases in which the amount of the claim does not exceed € 5000. (Invoices, unpaid rent, …)

Beyond that general competence, certain specific powers are attributed to the Justice of the Peace regardless of the amount of the claim. The Justice of the Peace will therefore hear:

  • disputes concerning the renting of property;
  • disputes concerning joint ownership;
  • disputes concerning servitudes, easements, rights of way;
  • disputes concerning expropriations.

The Justice of the Peace also appoints a justice in the jurisdictional bodies, having the power to deliver justice to the citizen. That is why the justice of the peace also acts as conciliator. He will try to find an agreement between the two parties. This arrangement is often a compromise via which both parties reduce their claims (Amicable recovery). If agreement between the opposing parties cannot be reached, the decision will be taken by the justice of the peace and both parties are bound to accept that decision as final (Judicial recovery).

Updated 11 Feb 2021

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.