After a lengthy process, the time has finally come: Book 7 of the Civil Code on special contracts was approved in Parliament on 16 July 2026.
New framework for special contracts
Book 7 CC sets out the legal framework for the following special contracts:
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sale and exchange,
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lease and loan for use,
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service contracts (including mandate, deposit and real estate service contracts),
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certain aleatory contracts,
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sequestration and settlement.
The approved act does not yet include provisions on loan agreements. Those provisions are the subject of a separate text, currently under public consultation, and will be inserted into Book 7 of the Civil Code under Title 5 at a later stage.
Key innovations
As with the other new books of the Civil Code, Book 7 contains, on the one hand, a (re)codification of existing rules and, on the other hand, important innovations and modernisations.
One of the many innovations is the rule on defects of conformity in sale, lease and service contracts, together with the specific time-limit rules linked to it.
In separate contributions to follow, we will highlight the most important innovations for each type of special contract in the coming weeks.
A significant degree of freedom of contract remains
Book 7 of the Civil Code is, in principle, supplementary law, unless the wording or scope of a statutory provision indicates that it is mandatory or a matter of public policy. Parties therefore retain a significant degree of freedom to shape and structure their special contracts themselves.
There are, however, certain mandatory rules, and even some rules of public policy. This is the case, for example, with the rules on consumer sales and the ten-year liability rule for defects of conformity threatening stability.
Entry into force
The legislator has provided for a transitional period of 12 months. The rules will therefore enter into force on the first day of the twelfth month following their publication in the Belgian Official Gazette.
Book 7 of the Civil Code will apply only to special contracts concluded after its entry into force.
