Partner to the entrepreneur

The reform of sales law: what do you need to know as a buyer or seller?

With the introduction of Book 7 “Specific Contracts” into the Belgian Civil Code, the legislator is about to take the next step in the far-reaching reform of Belgian contract law. Where Book 5 already modernised the general law of obligations, Book 7 seeks to bring clarity to the fragmented and at times outdated rules governing specific types of contract (sale and barter, hire and loan, service contracts, certain contracts of chance, sequestration and settlement).

The provisions of Book 7 generally apply as supplementary law unless the law itself stipulates that no deviation is permitted. Book 7 will apply to contracts concluded on or after 1 September 2027.

In this article, we discuss some key points of attention concerning the reforms in the sales regime and their potential impact on businesses.

Have you opted for Belgian law in an international sale and purchase agreement? Beware of the (unintentional) application of the Vienna Sales Convention!

Belgian companies seek to minimise potential risks in international sales contracts and therefore opt for the application of Belgian law. However, unintentionally, this choice may result in a completely different and unfamiliar legal system becoming applicable.

Even an invoice that does not reflect the agreement is due and payable…

What should you do if you receive an invoice for different prices, materials or services to those agreed? Can you dispute it at any time, e.g. if you did not notice the discrepancy straight away, or should you dispute it immediately? A recent ruling by the Court of Cassation shows that vigilance remains essential.