Advokatski ispit flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Legal capacity

The ability to acquire rights and undertake obligations by one's own acts. It is acquired at the age of majority, while limited capacity applies to minors for transactions beyond their understanding.

Registration of immovables

Transfer of ownership in land and buildings requires a valid legal title plus entry in the public land register. Mere delivery of possession does not transfer ownership of immovables.

Prescription of claims

The statutory lapse of time after which a claim can no longer be enforced. The court considers it only on the debtor's objection, and the underlying obligation persists as a natural one.

Void versus voidable contract

A void contract produces no legal effects from the outset and cannot be cured. A voidable contract stands until the entitled party annuls it within the statutory period.

Lost profit

The gain the creditor would have realised had the breach not occurred. It is recoverable together with actual loss when both are foreseeable at the time of contracting.

Acquisition by prescription

A bona fide possessor of a movable acquires ownership after the statutory period of uninterrupted possession. Possession must be lawful, genuine, and continuous.

Necessary defence

An unlawful and present attack may be repelled by a proportionate defence. The defence excludes the unlawfulness of the act, so the defender commits no punishable offence.

Attempt

The commencement of a criminal offence that is not completed. It is punishable where the statutory minimum exceeds the threshold, and voluntary abandonment excludes liability for attempt.

Principle of legality

No offence and no punishment without a prior statutory definition. The statute in force at the time of the act applies, unless a later statute is more favourable to the accused.

Complicity

Intentional joint commission of an offence by two or more persons. Each participant is liable within the limits of their own culpability, regardless of the others' liability.

State of necessity

An imminent danger threatens a legally protected interest and can be averted only by infringing another interest. The infringement must be proportionate to the danger threatened.

Suspended sentence

A court imposes a sentence but suspends its execution for a probation period. It is available where the sentence does not exceed the statutory threshold and the offender is not dangerous.

Constitutional review

A constitutional court annuls statutes or provisions that conflict with the constitution. The decision generally takes effect from publication, unless the court orders otherwise.

Administrative act

A unilateral decision of a competent authority determining the rights or obligations of an individual in a specific matter. It requires a factual basis and a reasoned statement.

Proportionality test

A restriction of a right must pursue a legitimate aim, be suitable and necessary, and not impose an excessive burden compared with the aim pursued.

Administrative dispute

Judicial proceedings reviewing the legality of administrative acts. The court examines legality, not expediency, and may annul the act and remit the matter.

Legitimate expectations

A principle binding administration to its prior consistent practice and assurances. Departure is possible only for justified reasons and with adequate transitional protection.

Silence of administration

Failure of an authority to decide within the statutory time limit. It is generally treated as a refusal, allowing the party to pursue an administrative dispute.

Company legal personality

A company acquires legal personality upon registration in the register of companies. Before registration, the founders are personally liable for acts undertaken in the company's name.

Limited liability of shareholders

Shareholders are not liable for company obligations beyond their subscribed contribution. The corporate form may be disregarded where it is abused to the creditors' detriment.

Unlawful dismissal

Termination by the employer without a statutory or contractual ground, or without written reasoning, is unlawful. The employee may seek reinstatement or compensation.

Severance pay

A payment due on termination of employment, calculated by length of service and the ground of termination. It is generally excluded where the employee is dismissed for cause.

Collective agreement

An agreement between employers and unions regulating working conditions. It binds the parties and their members and may be extended to the whole sector.

Insolvency proceedings

Proceedings opened once insolvency is established. The opening suspends individual enforcement against the debtor and enables collective settlement or liquidation of the estate.

Professional confidentiality

The attorney must keep secret all facts learned in the representation. The duty is unlimited in time and survives the end of the mandate, with narrow statutory exceptions.

Conflict of interest

The attorney may not act where the interests of another client or the attorney's own interests are opposed to the new client's interests in the same or a related matter.

Contingent fee prohibition

A fee dependent on the outcome of a criminal case is prohibited. In civil matters, a success-based fee is permitted only within the limits set by the code of conduct.

Client funds account

Client money must be held separately from the attorney's own funds and accounted for on request. Commingling constitutes a serious disciplinary offence.

Duty of information

The attorney must inform the client of the prospects and risks of the case and of the likely costs. Failure to do so may ground liability and disciplinary responsibility.

Mandatory defence

Where the court appoints counsel for an accused who cannot afford one, the attorney may not refuse the appointment without a statutory ground approved by the bar.

Disciplinary sanctions

Measures imposed by the bar for breach of professional duties. They range from a warning and fine to suspension and disbarment, and are subject to judicial review.

Advertising restrictions

Attorney advertising is permitted only in the form prescribed by the bar. Misleading, comparative, or soliciting advertising is prohibited and may lead to disciplinary liability.