Clifford Chance

Caught in the crossfire of "book 6": navigating new liability risks

9 December 2024

The new Book 6 of the Belgian Civil Code on extra-contractual liability will enter into force on 1 January 2025 and will apply to extra-contractual claims relating to wrongful acts committed from that date onwards. This is arguably also the case for any tort committed after 1 January 2025 in the performance of a contract entered into prior to that date.

The new rules significantly alter the current Belgian tort liability regime for directors and companies. The key change is that, under the new regime, a party will be able to bring extracontractual claims against its contract parties and against any agents of its contract party involved in the performance of a contract (so-called "auxiliaries").

This briefing outlines the impact which some of these changes may have for companies and directors, both in terms of directors' liability and from a contracting perspective. We also reflect on what steps can be taken to mitigate these impacts.

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