Civil Law and Civil Procedure
Core concepts
Civil law governs persons, obligations, contracts, property and civil liability. A valid contract requires capacity, consent free of defects, a lawful object and a permissible form. Defects of consent (error, fraud, duress, incapacity) affect validity and may lead to annulment or damages. Civil liability requires a wrongful act, fault, damage and a causal link; strict liability applies in specified situations such as dangerous activities.
Civil procedure follows the principle of party initiative (princípio do dispositivo), with the judge conducting the case. Candidates must know the structure of an action: petition, contestation, instruction, hearing, judgment, appeal. Pleadings must meet formal requirements (identification of parties, facts, legal grounds, request).
Traps
- Confusing nullity (void ab initio) with annulability (requires challenge within a time limit).
- Mixing prescription (extinction of the right) with preclusion (procedural time limits).
- Forgetting that the burden of proof generally lies with the party alleging the fact.
- Assuming appeals suspend enforcement automatically.
Rule of thumb
For civil liability questions, always verify the four elements in order; if any is missing, the claim fails.
Worked example
A seller delivers defective goods. The buyer must prove the defect, the damage and the causal link; if the defect is latent and the seller knew, fraud rules may extend the limitation period.