Europees e-justitieportaal

Bijzonderheden van de zaak
- Nationaal ID: Court of Cassation, Judgement AR C.21.0189.N
- Lidstaat: België
- Gangbare benaming:N/A
- Soort beslissing: Rechterlijke beslissing, eerste aanleg
- Datum beslissing: 27/01/2022
- Gerecht: Hof van Cassatie
- Onderwerp:
- Eiser:
- Verweerder:
- Trefwoorden: Ex officio application, obligation of the judge, scope, required facts

Alles uitklappen|Alles inklappen

Richtlijnartikelen

Unfair Contract Terms Directive, link Unfair Contract Terms Directive, Article 1
Koptekst

ECLI:BE:CASS:2022:ARR.20220127.1N.8

According to general procedural law, a judge has the obligation to raise of its own motion and whenever necessary the legal rules the application of which is required in view of the facts and act(ion)s brought forward by the parties to substantiate their claims and defences. However, this obligation presupposes that parties submit concrete facts and act(ion)s to substantiate their claims and defences. In absence of specific facts and acts advanced by the parties, the judge has no obligation to apply legal rules ex officio.
Feiten

In this case the claimant asked the judge to order the defendant to provide additional information about another judicial procedure that the defendant initiated. The Court of Appeal applied Article 877 Judicial Code in conjunction with Article 8.4 Civil Code (Actori incumbit probatio/loyal cooperation) and concluded that it could not order a party who does not bear the burden of proof to submit the necessary information about another judicial procedure and also that the request did not correspond to the formalities set in the Judicial Code.
Juridische kwestie

What is the exact scope of the court’s obligation to raise legal rules of its own motion?
Uitspraak

The Supreme Court annuls the judgment of the Court of Appeal in so far that it stated that judges have the obligation under the general procedural rules to raise all relevant legal rules irrespective of the concrete facts and act(ion)s brought forward by the parties.

URL: https://juportal.be/JUPORTAwork/ECLI:BE:CASS:2022:ARR.20220127.1N.8_NL.pdf

Integrale tekst: Integrale tekst
Verwante zaken

Geen resultaten
Rechtsleer

Geen resultaten
Resultaat

The judge has no obligation to raise of its own motion all the potential, but not raised in court, legal rules relating to the facts and act(ion)s in order to verify whether they are applicable to the case. The only obligation that results from procedural law is that a judge must raise of its own motion the legal rules that in light of the specific facts and act(ion)s submitted by the parties undeniably impose themselves, even though the legal rules were not brought forward by the parties in court. In all circumstances the judge must respect the right of defence of the parties.

Rechtspraak

Integrale tekst