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Angola Notary Qualification Exam study materials
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Angola Notary Qualification Exam practice questions

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Question 1General Theory of Notarial Law and the Notarial Function

Which characteristic best distinguishes the notarial function from ordinary administrative activity?

  1. The notary exercises a public function while granting authenticity to private juridical acts. Correct answer.
  2. The notary acts as a representative of the parties in negotiations.
  3. The notary decides disputes between contracting parties.
  4. The notary performs only clerical tasks delegated by the court.

Explanation

The notary exercises a public function delegated by the State, giving authentic character to acts and contracts concluded by private persons. The notary does not adjudicate disputes nor merely perform clerical work.

Question 2General Theory of Notarial Law and the Notarial Function

In the general theory of notarial law, the document produced by the notary within the limits of the law is said to carry:

  1. Public faith, being presumed true and authentic. Correct answer.
  2. Simple evidentiary value subject to free appreciation by the judge.
  3. Binding force only between the parties who signed it.
  4. Provisional value until confirmed by a court.

Explanation

The authentic instrument enjoys public faith: it is presumed true and authentic as to facts the notary attests, unless challenged through the proper legal means. This is the core effect of the notarial function.

Question 3General Theory of Notarial Law and the Notarial Function

The notary's duty of impartiality means that the notary must:

  1. Serve all parties equally and advise each of them on the legal consequences. Correct answer.
  2. Refuse to act whenever the parties disagree on price.
  3. Follow the instructions of the stronger party.
  4. Favour the party who pays the higher fee.

Explanation

Impartiality requires the notary to treat all interested parties equally, informing each about the meaning and legal effects of the act. The notary is not an advocate for any single party.

Question 4General Theory of Notarial Law and the Notarial Function

Which of the following best describes the notary's role in the prevention of disputes?

  1. The notary advises parties on how to avoid litigation through clear drafting. Correct answer.
  2. The notary settles controversies after they arise.
  3. The notary refers every contract to a court for prior approval.
  4. The notary acts as arbitrator in any conflict arising from the act.

Explanation

A central function of the notary is preventive justice: by clarifying the law and drafting acts carefully, the notary reduces the risk of future litigation. The notary does not adjudicate disputes.

Question 5General Theory of Notarial Law and the Notarial Function

The notary's obligation of professional secrecy covers:

  1. Facts known by the notary because of the exercise of his or her function. Correct answer.
  2. Only the content of wills, not of other acts.
  3. Only information relating to criminal matters.
  4. Only facts expressly labelled confidential by the parties.

Explanation

Professional secrecy is a general duty covering all facts the notary learns by reason of his or her office, not only those the parties designate as confidential. It protects the trust on which the notarial function depends.

Question 6General Theory of Notarial Law and the Notarial Function

Which of the following is an essential element of the authentic instrument?

  1. The signature of two witnesses in every case.
  2. The prior authorization of a judge.
  3. The intervention of the notary as the public officer who authorizes it. Correct answer.
  4. Registration at the land registry before signature.

Explanation

The essential element is the intervention of the notary, a public officer with competence to confer authenticity. Witnesses, judicial authorization and prior registration are not universal requirements.

Question 7General Theory of Notarial Law and the Notarial Function

The notary's competence is, as a rule, determined by:

  1. The nationality of the contracting parties.
  2. The value of the act to be concluded.
  3. The territorial area for which the notary was appointed. Correct answer.
  4. The place where the parties reside.

Explanation

Notarial competence is territorial, linked to the area for which the notary has been appointed. The residence or nationality of the parties and the value of the act do not in themselves define competence.

Question 8General Theory of Notarial Law and the Notarial Function

A notary is asked to authorize a deed in which the notary's own spouse is a party. Under general notarial ethics, the notary should:

  1. Proceed, provided the spouse signs in the presence of two witnesses.
  2. Decline to act because of the conflict of interest. Correct answer.
  3. Proceed but reduce the fee to half.
  4. Proceed, since the spouse's interest is unrelated to the notary.

Explanation

The notary must abstain whenever personal or family interests could compromise impartiality. Acting in an act involving the notary's spouse creates a conflict of interest that requires abstention.

Question 9General Theory of Notarial Law and the Notarial Function

The notarial act is described as 'imparcial' because:

  1. The notary must refuse to give any legal advice.
  2. The notary must always follow the instructions of the seller.
  3. The notary must keep the act secret from third parties.
  4. The notary must remain neutral between the interests at stake and give equal information to all parties. Correct answer.

Explanation

Impartiality means neutrality among the parties' interests, combined with the duty to inform each party equally about the act's effects. It does not mean refusing advice or favouring one side.

Question 10General Theory of Notarial Law and the Notarial Function

Which of the following best expresses the 'matriz' concept in notarial practice?

  1. The private draft prepared by the parties before the deed.
  2. The original act kept in the notary's archive from which copies are drawn. Correct answer.
  3. The registration certificate issued by the land registry.
  4. The fee note issued to the client.

Explanation

The matriz is the original instrument retained in the notary's archive, from which authentic copies and extracts are lawfully issued. It is not a private draft, a registry certificate or a fee note.

Question 11General Theory of Notarial Law and the Notarial Function

A party requests an authentic copy of a deed executed years ago before the same notary. The notary may issue it because:

  1. The party pays an additional registration fee.
  2. Any third party authorizes it in writing.
  3. The original was returned to the parties at signature.
  4. The notary retains the original in the archive and is competent to issue copies. Correct answer.

Explanation

Because the original instrument remains in the notary's archive, the notary who holds it is competent to issue authentic copies and extracts. The other options do not reflect the legal basis for issuing copies.

Question 12General Theory of Notarial Law and the Notarial Function

When a notary drafts an act, the notary's duty to inform the parties requires that:

  1. The notary explain the meaning and legal effects of the act to each party. Correct answer.
  2. The notary summarize only the financial obligations.
  3. The notary read the act aloud only if requested.
  4. The notary leave all explanations to the parties' lawyers.

Explanation

The duty to inform requires the notary to explain the meaning and legal effects of the act so that the parties give informed consent. This duty is personal to the notary and cannot be wholly delegated.

Question 13General Theory of Notarial Law and the Notarial Function

Which statement about the notary's independence is correct?

  1. The notary is independent and must apply the law according to his or her own judgment. Correct answer.
  2. The notary must follow the instructions of the supervising authority in each individual act.
  3. The notary may accept instructions from an interested party on how to interpret the law.
  4. The notary must defer to the view of the majority of the parties.

Explanation

Independence means the notary applies the law according to personal legal judgment, free from instructions of the parties or of interested third parties. Supervision concerns discipline, not direction of individual acts.

Question 14General Theory of Notarial Law and the Notarial Function

The notary's duty of 'guarda' or custody of documents implies that:

  1. The notary may lend originals to clients on request.
  2. The notary may transfer originals to any third party.
  3. The notary may destroy originals after ten years.
  4. The notary must keep the originals and related documents in safe custody. Correct answer.

Explanation

Custody requires the notary to preserve the originals and related documents securely, ensuring their integrity and availability for lawful copies. Destruction, lending or indiscriminate transfer would breach this duty.

Question 15General Theory of Notarial Law and the Notarial Function

A notary suspects that a deed is being used to conceal a fraudulent transfer of assets. The notary should:

  1. Authorize the deed and report the matter afterwards.
  2. Refuse to authorize the deed and, where the law requires, report the suspicion. Correct answer.
  3. Authorize the deed but omit the suspicious clause.
  4. Ask the parties to sign a waiver of responsibility.

Explanation

The notary must refuse to cooperate with acts that appear unlawful and, where the legal framework so requires, report suspicions to the competent authorities. Authorizing while silently omitting clauses or obtaining waivers does not discharge this duty.

Question 16General Theory of Notarial Law and the Notarial Function

Which of the following best reflects the relationship between the notary and the State?

  1. The notary is an agent of the executive branch.
  2. The notary is a private professional with no public function.
  3. The notary exercises a public function delegated by the State under legal regulation. Correct answer.
  4. The notary is a civil servant paid a public salary.

Explanation

The notary exercises a public function delegated by the State, subject to legal regulation and supervision, while acting professionally and independently. The notary is not a salaried civil servant nor an executive agent.

Question 17General Theory of Notarial Law and the Notarial Function

In the general theory of notarial law, which of the following is a consequence of the authentic character of the notarial act?

  1. The act automatically transfers ownership of immovable property.
  2. The act requires no further proof of the facts the notary attests. Correct answer.
  3. The act cannot be challenged by any means.
  4. The act replaces the need for any registration.

Explanation

Authenticity means the facts attested by the notary are presumed true and need no further proof, though the act may still be challenged through proper legal means. Authenticity does not itself transfer ownership or replace registration.

Question 18General Theory of Notarial Law and the Notarial Function

The notary's signature on the instrument serves to:

  1. Attest that the notary has verified the identity of the parties and the legality of the act. Correct answer.
  2. Confirm that the notary agrees with the parties' economic interests.
  3. Replace the parties' signatures.
  4. Guarantee the solvency of the parties.

Explanation

By signing, the notary attests to having verified identity, capacity and the lawfulness of the act, thereby conferring authenticity. The notary does not guarantee solvency or economic outcomes, nor replace party signatures.

Question 19General Theory of Notarial Law and the Notarial Function

A notary is asked to authorize an act that is lawful but whose consequences the notary considers economically unwise for one party. The notary should:

  1. Advise the party of the risks and proceed if the party insists. Correct answer.
  2. Require the party to obtain judicial approval.
  3. Refuse to act because the act is unwise.
  4. Alter the terms to protect that party.

Explanation

The notary's role is to ensure legality and informed consent, not to substitute his or her judgment for the party's economic choices. The notary should advise on risks and proceed if the party maintains the decision.

Question 20General Theory of Notarial Law and the Notarial Function

Which principle explains why the notary cannot act as both the authorizing officer and a party's legal representative in the same transaction?

  1. The principle of territoriality.
  2. The principle of free negotiation of fees.
  3. The principle of impartiality and the prohibition of conflicts of interest. Correct answer.
  4. The principle of professional secrecy.

Explanation

Combining the roles of authorizing officer and representative would compromise the notary's neutrality and create a conflict of interest. Territoriality, secrecy and fee rules do not address this incompatibility.

Question 21General Theory of Notarial Law and the Notarial Function

The notary's duty of diligence in drafting requires the notary to:

  1. Rely exclusively on documents supplied by the parties without verification.
  2. Insert standard clauses regardless of the parties' intent.
  3. Use the parties' own wording verbatim without revision.
  4. Verify facts, identify the parties and draft clauses that accurately reflect the lawful intent of the parties. Correct answer.

Explanation

Diligence requires active verification of facts and identity and careful drafting that reflects the parties' lawful intent. Passive copying, indiscriminate standard clauses or unverified reliance on documents fall short of this standard.

Question 22General Theory of Notarial Law and the Notarial Function

A notary discovers after authorizing a deed that one party lacked legal capacity. Which statement best reflects the notary's position under general notarial theory?

  1. The notary must personally compensate all losses in every case.
  2. The defect is irrelevant because the act is automatically authentic.
  3. The notary must destroy the original to avoid liability.
  4. Authenticity does not cure substantive defects, and the notary must act to clarify the situation within the legal framework. Correct answer.

Explanation

Authenticity concerns the formal attestation and presumption of truth of attested facts, but it does not cure substantive defects such as incapacity. The notary must act within the legal framework to address the situation.

Question 23General Theory of Notarial Law and the Notarial Function

Which statement best describes the relationship between the notarial function and the principle of legality?

  1. The notary applies only the parties' private agreements.
  2. The notary may authorize any act the parties freely agree upon.
  3. The notary must ensure the act conforms to imperative law before authorizing it. Correct answer.
  4. The notary may disregard imperative rules when all parties consent.

Explanation

The notary is a guarantor of legality and must verify that the act conforms to imperative law before authorizing it. Consent of the parties cannot override mandatory legal rules.

Question 24General Theory of Notarial Law and the Notarial Function

Which of the following best explains why the notarial function is considered a 'garantia' for citizens?

  1. Because notaries decide the outcome of civil cases.
  2. Because notaries are elected by the public.
  3. Because the notary provides legal certainty and authenticity to acts of private life. Correct answer.
  4. Because notarial fees are always the lowest available.

Explanation

The notary provides legal certainty by ensuring legality, informed consent and authenticity in private juridical acts, which is the guarantee the function offers to citizens. Notaries are not elected, do not decide cases and are not defined by fee levels.

Question 25Notarial Deontology, Ethics and Professional Duties

Which body in Angola is responsible for supervising and disciplining notaries in the exercise of their profession?

  1. The Assembleia Nacional
  2. The competent notarial oversight authority designated by law Correct answer.
  3. The Ordem dos Advogados
  4. The Ministério Público

Explanation

Notarial activity in Angola is subject to oversight by the public authority designated by law, which exercises inspection and disciplinary functions over notaries. Professional bodies of lawyers and the Public Prosecution Service do not discipline notaries. Parliament does not exercise direct professional supervision.

Question 26Notarial Deontology, Ethics and Professional Duties

A notary is asked to authenticate a deed in which his own brother is the sole beneficiary. What is the correct professional conduct?

  1. Decline to act because of the impediment arising from close family relationship Correct answer.
  2. Proceed but charge a reduced fee to the brother
  3. Proceed only if a second notary signs as witness
  4. Proceed because family ties are irrelevant once the deed is lawful

Explanation

A notary must abstain whenever his impartiality is compromised, and close family relationships with an interested party create a legal impediment to acting. The duty of impartiality is structural to the notarial function. Having another person witness the act does not remove the conflict.

Question 27Notarial Deontology, Ethics and Professional Duties

Which of the following best describes the notary's duty of impartiality?

  1. The notary must favour the party who requested the service
  2. The notary must follow the instructions of the party paying the highest fee
  3. The notary must remain silent and provide no advice to any party
  4. The notary must advise and treat all parties with equal objectivity, without taking sides Correct answer.

Explanation

Impartiality requires the notary to serve all parties with equal objectivity and to refrain from favouring any interest. It does not mean passivity: the notary still advises and clarifies the act. Fees and the identity of the requesting party do not alter this duty.

Question 28Notarial Deontology, Ethics and Professional Duties

What is the primary purpose of notarial secrecy (sigilo profissional)?

  1. To allow the notary to avoid reporting crimes in all circumstances
  2. To keep notarial fees confidential from the tax authority
  3. To prevent clients from obtaining copies of deeds
  4. To protect the privacy of facts learned in the exercise of the notarial function Correct answer.

Explanation

Notarial secrecy protects the confidentiality of facts the notary learns by reason of his office, safeguarding clients' privacy. It is not a tool to deny clients lawful access to their own documents. Legal exceptions, such as legally mandated reporting, still apply.

Question 29Notarial Deontology, Ethics and Professional Duties

A notary is offered a personal gift by a client in exchange for expediting the processing of a deed ahead of other files. How should the notary respond?

  1. Accept it only if other clients are informed
  2. Accept it if the amount is modest
  3. Accept it and record it as a fee supplement
  4. Refuse it, because it would breach the duty of impartiality and equal treatment of clients Correct answer.

Explanation

Accepting advantages linked to preferential treatment compromises impartiality and equal treatment, which are core notarial duties. Remuneration must follow the lawful fee regime, not private inducements. Informing other clients does not legitimise the practice.

Question 30Notarial Deontology, Ethics and Professional Duties

Which statement correctly reflects the notary's duty regarding the identification of parties to an act?

  1. The notary may rely solely on the verbal statement of the party
  2. Identification may be waived when the parties are known to the notary socially
  3. The notary must verify the identity of the parties by lawful means before authorising the act Correct answer.
  4. Identification is the responsibility of the parties alone

Explanation

The notary must confirm the identity of the parties through lawful means of identification before authorising the deed. This protects legal certainty and prevents fraud. Social acquaintance does not replace formal verification.

Question 31Notarial Deontology, Ethics and Professional Duties

A client asks the notary to draft a deed that appears lawful on its face but is intended by the parties to conceal a transfer of assets from creditors. What should the notary do?

  1. Draft the deed because the form is lawful
  2. Draft it and note the true intention in a private annex kept by the notary
  3. Refer the client to a colleague without further action
  4. Refuse to cooperate with a simulation aimed at defrauding third parties Correct answer.

Explanation

The notary must refuse to lend his authority to acts designed to deceive third parties or violate the law. The duty to ensure legality and good faith prevails over the apparent form of the act. Recording the true intention privately does not legitimise the fraud.

Question 32Notarial Deontology, Ethics and Professional Duties

How does the notary's duty of professional competence (dever de diligência) most directly affect daily practice?

  1. It requires the notary to delegate all drafting to assistants
  2. It requires the notary to prioritise the fastest possible completion over accuracy
  3. It requires the notary to accept every request to avoid refusing clients
  4. It requires keeping knowledge updated and preparing acts with technical rigour Correct answer.

Explanation

The duty of diligence obliges the notary to maintain up-to-date legal knowledge and to prepare acts with technical rigour. Competence is a continuing obligation, not a one-time qualification. Accuracy cannot be sacrificed for speed.

Question 33Notarial Deontology, Ethics and Professional Duties

A notary learns, while drafting a deed, that a party intends to use the document to commit a serious crime. What is the notary's proper course of action?

  1. Complete the deed and remain silent under professional secrecy
  2. Complete the deed but warn the other parties privately
  3. Refuse to authorise the act and take the steps required by law Correct answer.
  4. Complete the deed and report the matter only after one year

Explanation

Professional secrecy does not shield a notary who is being used to facilitate a serious crime. The notary must refuse the act and comply with any legally mandated reporting obligations. Secrecy protects legitimate client confidences, not criminal purposes.

Question 34Notarial Deontology, Ethics and Professional Duties

Which of the following is an example of conduct that violates the notary's duty of independence?

  1. Refusing to act outside his territorial competence
  2. Declining an act because a legal impediment exists
  3. Maintaining a financial dependence on a single major client that influences his decisions Correct answer.
  4. Charging fees according to the official fee table

Explanation

Independence requires the notary to exercise his function free from pressures that could distort his judgment. Economic dependence on a dominant client creates a risk of subordinating notarial judgment to private interests. Declining impediments and applying official fees are lawful.

Question 35Notarial Deontology, Ethics and Professional Duties

What does the notary's duty to advise parties (dever de aconselhamento) require?

  1. To persuade the parties to abandon the act if it seems risky
  2. To keep legal explanations brief to avoid influencing the parties
  3. To choose the contractual solution the notary considers economically best for the parties
  4. To explain the meaning and legal effects of the act so the parties decide with full understanding Correct answer.

Explanation

The duty to advise means the notary clarifies the content and legal consequences of the act so that the parties give informed consent. The notary informs but does not substitute his own preferences for the parties' will. Advice is not persuasion.

Question 36Notarial Deontology, Ethics and Professional Duties

A notary is asked to authenticate a document signed by a person who appears confused and unable to understand the act. What is the correct approach?

  1. Proceed because the signature is present
  2. Proceed if a family member confirms the person's intent
  3. Suspend the act and assess the person's capacity to understand the act Correct answer.
  4. Proceed and note the confusion in the deed as a formality

Explanation

The notary must ensure the parties have the capacity and discernment to understand the act at the moment of its celebration. Signs of confusion require the notary to suspend and assess capacity before proceeding. A signature alone does not establish valid consent.

Question 37Notarial Deontology, Ethics and Professional Duties

Which of the following best captures the relationship between the notary's public function and his professional liability?

  1. The notary's liability is limited to the payment of a fine
  2. The notary may be held civilly, disciplinarily and, where applicable, criminally liable for breaches in the exercise of his function Correct answer.
  3. The notary is liable only to the State and never to private parties
  4. Because he exercises a public function, the notary bears no personal liability

Explanation

The notary exercises a public function but remains personally accountable across civil, disciplinary and criminal dimensions where the law so provides. The public nature of the function does not confer immunity. Liability can be owed to private parties harmed by the notary's conduct.

Question 38Notarial Deontology, Ethics and Professional Duties

A notary holds several original deeds in his custody. A party requests the return of an original deed that, by law, must remain archived in the notarial office. What is the correct response?

  1. Refuse to return the original and issue a certified copy as the law allows Correct answer.
  2. Return the original and keep a simple copy
  3. Return the original only if the party signs a waiver of future claims
  4. Return the original and inform the oversight authority afterwards

Explanation

Original deeds subject to mandatory archiving must remain in the notarial office for legal certainty and evidentiary security. The party is entitled to certified copies rather than removal of the original. A waiver cannot override the archiving requirement.

Question 39Notarial Deontology, Ethics and Professional Duties

Which principle best justifies the rule that notaries must keep and preserve a complete archive of the acts they authorise?

  1. Allowing the notary to control which acts become public
  2. Maximising the notary's private income from copies
  3. Ensuring legal certainty and the evidentiary security of acts over time Correct answer.
  4. Reducing the workload of the courts in all matters

Explanation

Mandatory archiving serves legal certainty and the long-term evidentiary security of notarial acts, protecting parties and third parties. It is a public-interest obligation, not a source of private control. While it may assist courts, that is a consequence rather than the principle.

Question 40Notarial Deontology, Ethics and Professional Duties

A notary is invited to serve as legal counsel for a company while continuing to act as notary for that same company's deeds. Which is the correct professional position?

  1. The notary may combine both roles if no other notary is available
  2. The notary may combine both roles without restriction
  3. The notary must avoid combining functions that compromise independence and impartiality Correct answer.
  4. The notary may combine both roles if the company pays a higher fee

Explanation

Combining the role of adviser or representative with the notarial function for the same client risks compromising the independence and impartiality that define the office. The notary should avoid incompatible functions. Fee levels or scarcity of notaries do not neutralise the conflict.

Question 41Civil Law (Obligations, Contracts, Real Rights and Family/Inheritance)

Under the general rules on obligations, which of the following is a valid source of civil obligations?

  1. A purely moral duty owed to a stranger
  2. A unilateral declaration of will made in favour of another person Correct answer.
  3. A social courtesy performed without any legal bond
  4. A religious precept observed by a community

Explanation

Obligations arise from contracts, unilateral legal acts, unjust enrichment, negotiorum gestio, civil liability and the law. A unilateral declaration of will in favour of another is a recognised source of obligation, whereas moral, social and religious duties lack legal enforceability.

Question 42Civil Law (Obligations, Contracts, Real Rights and Family/Inheritance)

In a civil contract, what is the essential legal effect of the principle of freedom of contract?

  1. Parties may disregard mandatory rules whenever both agree
  2. Parties may impose obligations on third parties without consent
  3. Parties may exclude the courts from reviewing any dispute
  4. Parties may fix the content of their agreement within the limits of the law Correct answer.

Explanation

Freedom of contract allows the parties to shape their agreement and its content, but only within the limits set by law and good morals. Mandatory rules, the effects of contracts on third parties and judicial control cannot be displaced by mere agreement.

Question 43Civil Law (Obligations, Contracts, Real Rights and Family/Inheritance)

An obligation is characterised as a natural obligation (obrigação natural) when it:

  1. Lacks judicial enforceability but, if voluntarily performed, justifies retention of the payment Correct answer.
  2. Arises exclusively from a criminal offence
  3. Is enforceable only after a court judgment
  4. Must always be performed in kind rather than in money

Explanation

A natural obligation is not enforceable through the courts, yet its voluntary performance is a valid payment and cannot be reclaimed. It differs from a civil obligation, which carries the right to compel performance.

Question 44Civil Law (Obligations, Contracts, Real Rights and Family/Inheritance)

Which of the following best describes a real right (direito real) as opposed to a credit right?

  1. A claim against a specific debtor to demand a performance
  2. A direct and immediate power over a thing, opposable to all persons Correct answer.
  3. A right that can be extinguished at the will of the debtor alone
  4. A right that exists only by virtue of a personal relationship

Explanation

Real rights grant their holder a direct power over a thing that is enforceable against everyone (erga omnes). Credit rights, by contrast, are relational and bind only the debtor to the creditor.

Question 45Civil Law (Obligations, Contracts, Real Rights and Family/Inheritance)

Under the rules on acquisition of ownership by usucapion (prescription), which element is indispensable?

  1. Payment of the price to the previous holder
  2. Registration of a contract of sale alone
  3. Possession of the thing for the period and with the requirements set by law Correct answer.
  4. A notarial deed signed by the original owner

Explanation

Usucapion requires possession with the qualities demanded by law (animus and corpus, generally possession in the form of ownership) maintained for the legally prescribed period. Neither a deed from the prior owner nor payment is required, since acquisition occurs against the former holder.

Question 46Civil Law (Obligations, Contracts, Real Rights and Family/Inheritance)

A and B agree that A will sell B a specific car, but they fix the price by reference to a third party who never determines it. What is the consequence?

  1. The contract is valid and the price is set by the buyer
  2. The contract converts automatically into a gift
  3. The contract is valid and the price is set by the notary
  4. The contract is ineffective for lack of a determinable price Correct answer.

Explanation

In a sale, the price must be certain or determinable by criteria fixed by the parties; if the chosen mechanism fails and no other rule supplies the price, the contract cannot produce its effects. A third party's failure to set the price leaves the essential element undetermined.

Question 47Civil Law (Obligations, Contracts, Real Rights and Family/Inheritance)

In a lease (locação), which obligation is typically incumbent on the landlord?

  1. Delivering the property in a condition suitable for the agreed use Correct answer.
  2. Bearing ordinary maintenance costs of daily use
  3. Paying the rent at the agreed times
  4. Returning the property at the end of the term

Explanation

The landlord must deliver the leased property in good condition and maintain it so that it serves the agreed purpose throughout the lease. Paying rent, returning the property and ordinary day-to-day upkeep are duties of the tenant.

Question 48Civil Law (Obligations, Contracts, Real Rights and Family/Inheritance)

Which of the following is a mode of extinction of obligations that operates by operation of law when the creditor and debtor become the same person?

  1. Remission
  2. Confusion Correct answer.
  3. Compensation
  4. Novation

Explanation

Confusion extinguishes the obligation when the qualities of creditor and debtor merge in the same person. Compensation requires reciprocal debts, novation requires a new obligation replacing the old, and remission is a voluntary waiver by the creditor.

Question 49Civil Law (Obligations, Contracts, Real Rights and Family/Inheritance)

What is the effect of a contractual clause limiting liability for wilful misconduct (dolo)?

  1. It is valid if both parties are of full age
  2. It is void because liability for wilful misconduct cannot be excluded Correct answer.
  3. It is valid but reduces damages by half
  4. It is valid only if registered before a notary

Explanation

Agreements excluding or limiting liability for intentional wrongdoing are void as contrary to good morals and public policy. Such clauses cannot shield a party from the consequences of its own deliberate breach.

Question 50Civil Law (Obligations, Contracts, Real Rights and Family/Inheritance)

In the event of non-performance of a contractual obligation, which remedy allows the creditor to demand performance in court while preserving the right to damages?

  1. Judicial enforcement of specific performance with compensation for loss Correct answer.
  2. Criminal complaint against the debtor
  3. Automatic termination without any judicial step
  4. Unilateral seizure of the debtor's property by the creditor

Explanation

The creditor may seek specific performance of the obligation and, in addition, claim compensation for the loss caused by the delay or defective performance. Self-help seizure and automatic termination without legal basis are not permitted.