![]() Published opinions of courts are also collectively referred to as case law, and constitute in the common law legal systems one of the major sources of law. ![]() If a court decides that an opinion should be published, the opinion may be included in a volume from a series of books called law reports ('reporters' in the United States). Opinions are in those jurisdictions usually published at the direction of the court, and to the extent, they contain pronouncements about what the law is and how it should be interpreted, they reinforce, change, establish, or overturn legal precedent. A royal decree can provide for an earlier date.In law, a legal opinion is in certain jurisdictions a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling. The above measures apply as from 1 November 2018. The evidential value of an invoice is expanded to all sort of agreements and is no longer restricted to buy and sale agreements.Īn invoice accepted by a business provides evidence against that business. The accounting can be no proof against persons which are no business, except for the provisions concerning the oath. Restrictions to the possibilities for the judge are no longer foreseen. By doing so, he can impose measures to guarantee the confidentially of the documents. He can do this in his official capacity or on demand of one of the parties. The judge can during a trial order the complete or partial disclosure of the accounting. However, the lawfulness of the accounting will still play a role when the judge assesses its evidential value. The condition that this should be a lawful accounting is deleted. The accounting of a business can serve as proof between businesses. This means that independent individuals which are a business, liberal professions and farmers included, have to appear before the Business Court only for cases relating to this independent activity, and not for e.g. Legal transactions of individuals having a business, but which do not relate to this business, remain subject to the proof provisions which apply in civil cases. On the other hand, the latter can use any legal means. It does not apply to businesses which want to prove against a party which is no business. The freedom of proof only applies to transactions made by the business. There are no substantive changes to the law of evidence.īetween or against businesses proof can be provided by any legal means, except for legal exceptions. Consequences for the freedom of proof: no Henceforth the Commercial Court will be named Business Court. Consequently they will also apply between and against liberal professions, not-for-profit organisations, foundations. They apply to all companies falling within the new business concept. ![]() All corporate evidence provisions are transferred to the Civil Law Code. The trade law of evidence what now is found in the Trade Law Code - which dates fom 1808 !! - is reformed into the business evidence law. These changes clearly have also consequences for the law of evidence. Consequences for the law of evidence: yes The use of a material criterion (economic objective) gives way to a definition with formal criteria. Example: the so-called 'factual associations' fall outside the scope of the business concept, while partnerships and other corporations without legal personality still fall within the scope of the business concept. Other organisations without legal personality having a payout intention and making payments to their members or persons having a decisive influence on the policy of the organisation. But not the Federal state and its decentralised entities Also public bodies unless they do not offer goods or services onto the market. Individuals exercising independently a professional activity (so also practitioners of liberal professions) Ĭompanies/corporations, including not-for-profit organisations and foundations, even if they do not offer goods or services on the market. The new concept business replaces the notions 'merchant', 'trader', 'trading company' and related notions. After more than 200 years the notion makes way for a modern business concept. The notion is obsolete and conflicts with the current economic reality. The merchant and trade notion refer to the previous century. The merchant notion can be deleted from your memory. The changes apply in principle as from 1 November 2018. The law of evidence is transferred to Civil Law Code. Instead a new business definition is introduced. The law of 15 April 2018 has transposed a significant reform of our company law into practice.
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