Advokatski ispit study materials
Advokatski ispit study resources

Advokatski ispit: Civil Law: Obligations, Property and the Traps of the Serbian Civil Framework

Advokatski ispit · Work through your exam, one topic at a time.

All guide sections

Civil Law: Obligations, Property and the Traps of the Serbian Civil Framework

The core map

Civil law questions on the Serbian bar exam rest on the Law on Obligations and the Law on Foundations of Property Relations, supplemented by the Law on Real Estate Transactions and the Family Law where relevant. Candidates must command: formation of contract (offer, acceptance, causa, capacity), the effects of contract (pacta sunt servanda, rebus sic stantibus, clausula rebus sic stantibus), and remedies for breach (specific performance, damages, rescission). Know the difference between materijalni and pravni defects (eviction and warranty against defects) and the short notice periods for hidden defects.

Property and possession

Understand ownership as the fullest right over a thing, the modes of acquiring it (occupation, accession, prescription, inheritance, contract plus registration), and the role of the cadastre. Acquisition by prescription (održaj) is a favourite: ordinary prescription for immovables requires 10 years of conscientious possession; extraordinary requires 20 years. The trap is the savesni (conscientious) possessor standard and the interaction with registered title.

Traps

Questions often test: (1) whether a contract lacking causa is void or merely voidable; (2) the difference between joint and several liability (solidarna) and divisible obligations; (3) the effect of assignment (cesija) versus subrogation; (4) whether a minor's contract is void or voidable depending on age thresholds. Another classic trap is confusing the rok (time limit) with the prekluzivni rok (preclusive period) - the latter cannot be extended.

Rule of thumb

When a question describes a defective contract, ask three questions in order: Is there agreement? Is there causa? Is the object lawful and possible? If any fails, the contract is void; if only consent is flawed (fraud, duress, mistake), it is voidable. Practise by mapping facts onto this sequence before reading the answer options.