par Marquette, Vanessa ;Grégoire, Michèle ;Hirsch, Sandrine;De Francquen, Vanessa ;Weinberger, Marc-David ;Jafferali, Rafaël
Référence International financial law review, 24, 2, page (19-21)
Publication Publié, 2005
Article révisé par les pairs
Résumé : The article presents information on Belgium's new Code of Private International Law that includes rules on applicable law, on jurisdiction and on the conditions for effect in Belgium of foreign decisions. A pledge on receivables, such as a pledge agreement over a bank account held in Belgium, even when submitted by the contracting parties to Belgian law, must now fulfil the legal formalities for effectiveness towards third parties that are required by the law of the state that the pledger usually resides in at the time the pledge agreement is created. In addition to the general rules on jurisdiction set out in the Code, Belgian courts are also competent to hear suits regarding rights in rem in respect of an asset if the asset is in Belgium or, when the claim relates to rights in receivables, if the receivables are deemed to be in Belgium, provided the debtor's domicile or habitual residence is in Belgium at the time the claim is introduced.

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