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Pravosudni ispit: Civil Law and Civil Procedure: Core Concepts, Traps, and a Working Rule

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Civil Law and Civil Procedure: Core Concepts, Traps, and a Working Rule

Foundations of civil law

Civil law governs relations between private persons: legal capacity, contract, tort (delict), property, and the law of obligations. A candidate must be fluent in the elements of a valid contract (capacity, consent free of defects, lawful and possible object, and form where prescribed), the distinction between void and voidable transactions, and the rules on representation and mandate. Know the difference between ownership and possession, how ownership is acquired and transferred, and the function of registration in immovable property. Understand solidary liability, assignment of claims, and the effect of limitation periods.

Procedure that follows the substance

Civil procedure tests the sequence of a case: jurisdiction and venue, standing and legal interest, the content of the claim, preclusion of new facts and evidence at later stages, and the scope of res judicata. Distinguish subject-matter jurisdiction from territorial venue, and know when a court must decline. Understand the difference between a judgment on the merits and a procedural rejection, and the remedies: appeal, revision, and reopening.

Common traps

Questions exploit confusion between void and voidable, between interruption and suspension of limitation, between ordinary and extraordinary remedies, and between material and procedural preclusion. Another classic trap is the burden of proof: the party asserting a fact proves it, not the party denying it.

Rule of thumb

When a scenario is ambiguous, ask: what is the legal basis (contract, tort, property, unjust enrichment), what are its elements, and which party bears the burden for each element? Answer element by element.

Worked example

A sells a car to B, who pays but never receives it because A sold it again to C, who took delivery in good faith. B's claim is contractual against A (performance or damages), not a property claim against C, because ownership passed to C on delivery. B cannot claim the car from C; B claims against A.