Advokatski ispit cheat sheet

Contract formation requires offer, acceptance, and causa; absence of any element prevents a binding obligation from arising.

A person acquires legal capacity at 18; minors may conclude only transactions suited to their age and understanding, others require guardian consent.

Ownership transfers in immovable property only on registration in the land register; movables transfer by delivery of possession with a valid title.

Possession in good faith creates a presumption of ownership; a bona fide possessor of a movable acquires title after three years of uninterrupted possession.

Prescription of contractual claims runs in the general period set by statute; claims arising from commercial contracts run shorter than ordinary civil claims.

Invalidity differs from voidability: a void contract produces no effects, while a voidable one stands until annulled by the entitled party.

Damages for breach cover actual loss and lost profit, but not loss that the debtor could not reasonably have foreseen at conclusion.

Marital property is by default jointly acquired property; separate property comprises assets brought into marriage and acquired by gift or inheritance.

Tort liability requires unlawful act, damage, causation, and fault; strict liability applies to dangerous objects and activities regardless of fault.

Nullum crimen sine lege: no punishment without a statutory definition in force at the time the act was committed.

An offence requires actus reus and mens rea; negligence suffices only where the statutory definition expressly provides for it.

Attempt is punishable only for offences carrying a prescribed minimum sentence; voluntary abandonment before completion excludes liability for attempt.

Necessary defence excludes unlawfulness when the attack is unlawful and present, and the defence is proportionate to the threat.

Necessity requires an imminent danger not otherwise avoidable and proportionality between the protected and infringed interest.

Complicity requires intentional joint commission; accessories are punished within the limits of their own culpability.

The statute of limitation bars prosecution after the statutory period; it does not run while prosecution is legally impossible.

Criminal sanctions include imprisonment, fines, and security measures; suspended sentence applies where the sentence does not exceed the statutory threshold.

Juveniles are subject to educational and correctional measures rather than ordinary criminal sanctions, with age limits fixed by statute.

Constitutionality review is concentrated in a constitutional court, which annuls unconstitutional statutes with effect ex nunc unless otherwise ordered.

Legality of individual administrative acts is challenged by administrative dispute; silence of administration may be treated as a refusal.

Administrative act requires competent authority, prescribed form, factual basis, and a statement of reasons; defects render it void or voidable.

Fundamental rights may be restricted only by statute and only to the extent necessary in a democratic society.

The principle of proportionality tests restriction of rights by legitimacy, suitability, necessity, and proportionality stricto sensu.

Delegation of legislative power is limited: subordinate legislation must rest on a statutory authorisation and remain within its scope.

Judicial review of administrative acts examines legality, not expediency; full jurisdiction lies where a right is at stake.

Public administration is bound by the principle of legality, equality, and the protection of legitimate expectations.

A company acquires legal personality on registration in the register of companies; acts before registration bind the founders personally.

Shareholders are not liable for company obligations beyond their subscribed contribution, save where the corporate form is abused.

Employment relationship arises by written contract; mandatory statutory provisions prevail over terms less favourable to the employee.

Termination by the employer requires a statutory or contractual ground and written reasoning; otherwise the termination is unlawful.

Severance pay depends on length of service and the ground of termination; it is excluded for dismissal for cause.

Working time, rest periods, and annual leave are minimum standards; waiver of them is void.

Collective agreements bind the parties and their members; a generally applicable agreement extends to non-members in the sector.

Commercial contracts are presumed onerous; a merchant is held to a higher standard of professional diligence in its business.

Insolvency proceedings are opened when insolvency is established; the opening suspends individual enforcement against the debtor.

The attorney is bound by confidentiality covering all facts learned in the representation, without a statutory time limit.

Conflict of interest bars representation where the attorney's or another client's interest is opposed to the new client's interest.

Fees must be agreed in writing; a contingent fee depending on the outcome of a criminal case is prohibited.

The attorney may not represent both parties in the same matter, even with their consent, where interests conflict.

Acceptance of a case may be refused, but representation is mandatory where the court appoints counsel for the indigent accused.

Client funds must be kept separately from the attorney's own funds and accounted for; commingling is a disciplinary offence.

The attorney must inform the client of the prospects of success and may not raise unfounded claims or prolong proceedings.

Disciplinary liability arises from breach of statutory duties and the code of conduct; sanctions range from warning to disbarment.

Advertising is permitted only in the form prescribed by the bar; misleading or comparative advertising is prohibited.