Civil Law and Civil Procedure
Civil law substance
The Civil Code rests on party autonomy, good faith, and freedom of contract. Master: legal capacity and legal personality, representation and power of attorney, transactions and their invalidity (void versus voidable), limitation periods (general period and its suspension/interruption), property rights (ownership, servitude, pledge), and obligations (performance, damages, penalty, termination). Know the special contracts: sale, lease, loan, contractor, agency, and the rules on unjust enrichment and delict.
Succession and family interface
Intestate succession follows statutory shares; a compulsory share protects close relatives. Wills require formality; know when a will may be challenged.
Civil procedure
Civil cases are adversarial. Key concepts: jurisdiction (subject-matter and territorial), standing, the claim and its elements, counterclaim, burden of proof, admissibility of evidence, interim measures, default judgment, appeal and cassation. Cassation is not a third factual instance; it reviews legal error and uniformity.
Traps
- Confusing void (invalid from the start, no cure) with voidable (valid until annulled by court).
- Misapplying limitation periods: a court does not raise limitation ex officio; a party must plead it.
- Treating cassation as a re-hearing of facts.
- Forgetting that procedural deadlines run from notification, not from the event.
Worked rule of thumb
When a client is sued on a contract, first check (1) validity of the transaction, (2) whether performance was due, (3) whether limitation has run and whether it was pleaded, (4) whether a counterclaim or set-off is available. This sequence resolves most exam scenarios.