Belgian Advocate Aptitude Test cheat sheet

New Civil Code (Book 1, 13 April 2019, in force 1 January 2023) governs persons, property, and obligations; Book 5 (obligations) restates good faith, abuse of rights, and precontractual liability.

Contract formation requires offer, acceptance, and causa; the new Book 5 abandons the older 'cause' theory in favour of a lawful and certain object plus valid consent free of error, dolus, or violence.

Termination for non-performance: judicial dissolution is the default, but Book 5 allows unilateral termination by notice where the breach is sufficiently serious; the creditor must first give notice of default (ingebrekestelling/mise en demeure) unless futile.

Prescription: ordinary contractual and tort claims prescribe after 5 years from knowledge of the damage and identity of the liable party (Art. 2262bis old CC; Book 5 retains 5-year rule), with a 20-year absolute cap; criminal-adjacent claims follow criminal prescription.

Tort liability requires fault, damage, and causal link; strict liability applies to defective products (Product Liability Act 1991), animals (Art. 1385), and buildings (Art. 1386); parents are liable for minor children (Art. 1384).

Civil procedure: the Gerechtelijk Wetboek/Code judiciaire sets territorial and subject-matter jurisdiction; the vrederechter/justice de paix hears small claims (up to EUR 5,000) and the rechtbank van eerste aanleg/tribunal de première instance hears general civil claims.

Burden of proof rests on the claimant (Art. 8.4 old CC); the standard is 'more likely than not' (redelijkerwijs/beyond reasonable doubt applies only in criminal matters); written evidence rules govern contracts above EUR 3,500 (Art. 1341 old CC, now relaxed by Book 8).

Interim measures: kort geding/référé (Art. 584 C.j.) allows the president to order urgent provisional measures where delay would cause irreparable harm; the merits are not definitively decided.

Legality principle (Art. 7 Constitution; Art. 49 EU Charter): no crime or punishment without a prior, clear statutory basis; strict construction against the state and non-retroactivity except where the new law is more favourable (lex mitior).

Criminal offences require actus reus (material element), mens rea (moral element), and unlawfulness; attempts are punishable only where the law expressly says so (Art. 51 Penal Code).

Penalties: principal penalties include imprisonment, fine, and community service; the 2016 'potpourri' laws introduced electronic monitoring and probation as alternatives; suspended sentences (probation) are common for first offenders.

Pre-trial: the onderzoeksrechter/juge d'instruction may order remand in custody (voorlopige hechtenis/détention préventive) subject to strict time limits (arrest warrant valid 5 days, extendable monthly) and the European Convention on Human Rights Art. 5.

Rights of the accused: right to silence, right to counsel from first interrogation (Salduz), right to interpretation and translation, and access to the case file; statements obtained in violation may be excluded (Art. 57bis Code of Criminal Procedure).

Prescription of prosecution: serious crimes (crimes) 20 years, lesser offences (délits) 5 years, petty offences (contraventions) 6 months, subject to suspension and interruption rules (Art. 21-24 Preliminary Title Penal Code).

Trial: the correctionele rechtbank/tribunal correctionnel hears délits; the hof van assisen/cour d'assises hears crimes punishable by more than 20 years and requires a jury; appeal lies to the correctionele kamer of the court of appeal.

Victim participation: the victim may join as 'partie civile' before the criminal court to claim damages, which triggers a civil claim within the criminal proceedings and shifts the burden of proof to the prosecution.

Companies Code (Wetboek van vennootschappen en verenigingen/Code des sociétés et des associations, 2019) recognises the BV/SRL (private limited), NV/SA (public limited), CV/SC (cooperative), VZW/ASBL (non-profit), and the maatschap/société simple.

BV/SRL: no minimum capital, but a financial plan is required and distributions must pass a liquidity test (Art. 5:143 WVV) and a net-asset test; shares may be freely transferred unless restricted in the articles.

NV/SA: minimum capital EUR 61,500 (or the older EUR 61,500 threshold retained for existing companies); shares are freely transferable; a board of at least three directors unless the articles provide otherwise (one-tier or two-tier governance).

Company formation requires a notarial deed for BV/NV/CV, filing with the Kruispuntbank van Ondernemingen/BCE, and publication in the Belgian Official Gazette; legal personality arises on registration.

Directors' liability: directors are jointly liable for breaches of the Code or the articles (Art. 2:56 WVV); a business judgment rule protects directors acting in good faith, on an informed basis, and in the company's interest (Art. 2:57 WVV).

Commercial contracts: the 2019 'Wetboek van economisch recht/Code de droit économique' (Book III, IV, VI) governs market practices, B2B unfair terms, and abuse of economic dependence; the old Commercial Code is largely repealed.

Insolvency: the 2023 Insolvency Act (Boek XX WER) replaced the 2009 law; it provides for judicial reorganisation (gerechtelijke reorganisatie), bankruptcy (faillissement), and the new 'stille procedure' for pre-insolvency restructuring.

Commercial evidence: Book VIII of the old Civil Code and Book 8 of the new Code allow electronic signatures and liberalise proof between merchants; invoices and accounting records are admissible evidence subject to the 'vrije bewijswaardering' principle.

Employment contract types: indefinite (onbepaalde duur/durée indéterminée), fixed-term (bepaalde duur/durée déterminée), replacement, and temporary agency work; fixed-term contracts require a written document and are limited in number and duration (Art. 9-10 Employment Contracts Act 3 July 1978).

Dismissal: the 2014 'eenheidsstatuut/statut unique' unified notice periods for blue- and white-collar workers; notice periods scale with seniority (e.g., 3 months for 5 years, 12 months for 20 years) and the employee may claim a severance indemnity equal to the notice period.

Grounds for dismissal: serious cause (dringende reden/motif grave) allows immediate termination without notice or severance, but must be notified within 3 working days of knowledge (Art. 35 Employment Contracts Act).

Discrimination: the Anti-Discrimination Act 2007 and the Gender Act 2007 prohibit discrimination based on protected grounds; the burden of proof shifts to the employer once the employee establishes a prima facie case.

Working time: Labour Act 1971 sets 38 hours/week (or sectoral norms), maximum 11 hours/day, and 8 hours for night work; overtime is compensated by rest or pay (50% or 100% surcharge).

Collective bargaining: sectoral collective agreements (paritair comité/commission paritaire) extend to all employers in the sector; company-level agreements prevail only where more favourable (gunstigheidsbeginsel).

Social security: the 'global management' law of 1996 governs the three regimes (employees, self-employed, civil servants); contributions are split roughly 13.07% employee and 25% employer (2024 rates), with a maximum contribution base.

Termination protection: pregnant workers, workers on parental leave, and workers' representatives (ondernemingsraad/conseil d'entreprise) enjoy special dismissal protection requiring prior authorisation or a specific procedure.

Belgium is a federal state with three communities (Flemish, French, German-speaking) and three regions (Flemish, Walloon, Brussels-Capital); Art. 1-4 of the Constitution allocate powers and Art. 127-130 distribute community competences.

Hierarchy of norms: Constitution > special laws (bijzondere wetten/lois spéciales) > ordinary laws > decrees/ordinances > royal/ministerial decrees; the Constitutional Court reviews laws against the Constitution and the Title II rights.

The Constitutional Court (Grondwettelijk Hof/Cour constitutionnelle) has 12 judges (6 Dutch-, 6 French-speaking) and reviews legislation for competence and fundamental rights; individuals may file an action for annulment or a preliminary question.

Fundamental rights: Title II of the Constitution (Art. 8-32) and the ECHR; the rule of law requires legality, legal certainty, proportionality, and equality (Art. 10-11).

Administrative acts must respect the 'beginselen van behoorlijk bestuur/principes de bonne administration': legality, proportionality, motivation (Art. 2-3 Formal Motivated Acts Act 29 July 1991), hearing the interested party, and care.

Judicial review of administrative action: the Council of State/Raad van State (administrative section) annuls unlawful administrative acts; the ordinary courts may award damages for unlawful administrative action (Art. 159 Constitution).

Local government: provinces and municipalities have autonomous competences (Art. 162-166 Constitution); the municipal council (gemeenteraad/conseil communal) and the mayor (burgemeester/bourgmestre) exercise local authority, subject to Flemish/Walloon/Brussels regional supervision.

Referendum and consultation: only consultative referendums at municipal level are permitted; binding referendums are constitutionally excluded because sovereignty belongs to the nation (Art. 33 Constitution).

Personal income tax (PB/IPP) is levied on worldwide income of Belgian residents; non-residents are taxed on Belgian-source income; the tax year coincides with the calendar year and the taxable base is net income after deductions.

Tax rates for 2024: progressive brackets of 25% (up to EUR 15,200), 40% (EUR 15,200-26,830), 45% (EUR 26,830-46,440), and 50% (above EUR 46,440), plus municipal surcharges (opcentiemen/centimes additionnels).

Corporate income tax (VenB/IS): standard rate 25% (2024) for SMEs, 20% for the first EUR 100,000 if the reduced-rate conditions are met (minimum remuneration of EUR 45,000 to one director, no >50% shares held by companies).

VAT (BTW/TVA): standard rate 21%, reduced rates 6% and 12%; registration threshold for small businesses (EUR 25,000 turnover) and the 'eenmalige btw-onttrekking' regime; intra-EU B2B supplies are zero-rated with reverse charge.

Withholding taxes: payroll tax (bedrijfsvoorheffing/précompte professionnel) is withheld monthly; dividend withholding is 30% (reduced to 15% under the VVPRbis regime for SMEs); interest withholding is 30%.

Tax procedure: the tax administration may audit and assess within 3 years (extendable to 5 or 10 years for fraud); the taxpayer must file within the deadline and may lodge an administrative objection (bezwaarschrift/réclamation) within 1 year of the assessment.

Judicial remedies: the tax court (rechtbank van eerste aanleg/tribunal de première instance, tax chamber) hears appeals against administrative decisions; appeal lies to the court of appeal and then the Court of Cassation on points of law.

International tax: Belgium applies the OECD Model Convention via its 90+ double tax treaties; the 2017 multilateral instrument (MLI) implements BEPS measures; the 'fairness tax' and 'innovation income deduction' are notable Belgian incentives.

The judicial organisation is set by the Gerechtelijk Wetboek/Code judiciaire: the vrederechter/justice de paix, the rechtbank van eerste aanleg/tribunal de première instance, the hof van beroep/cour d'appel, and the Hof van Cassatie/Cour de Cassation form the ordinary hierarchy.

Judges are appointed for life by the King on the proposal of the minister of justice; the High Council of Justice (Hoge Raad voor de Justitie/Conseil supérieur de la Justice) advises on appointments and discipline.

The legal profession: advocates are admitted to the 'balie/barreau' (local bar) after the oath and registration; the 'tableau' lists registered lawyers, and the 'stagiare' (trainee) must complete a three-year traineeship and the CAPA/BA training.

Professional secrecy (beroepsgeheim/secret professionnel) is protected by Art. 458 Penal Code and Art. 6 of the Code of Ethics; it covers all information learned in the exercise of the profession and applies even after the mandate ends.

Conflicts of interest: the advocate must decline a case where a conflicting interest exists (Art. 5 Code of Ethics); the 'tegenstrijdigheid van belangen' rule bars representing both parties or acting against a former client in a related matter.

Fees: the 'erehonorarium' must be reasonable and agreed in writing; contingency fees (pactum de quota litis) are prohibited; the bar council (raad van de orde/conseil de l'ordre) supervises fee disputes and may tax costs.

Discipline: the bar council and the disciplinary council (tuchtraad/conseil de discipline) impose sanctions ranging from warning and reprimand to suspension and disbarment; appeal lies to the disciplinary council of appeal.

Judicial ethics: Art. 6 of the Judicial Code and the 2012 'Code of Judicial Ethics' require impartiality, independence, dignity, and confidentiality; judges must recuse themselves where their impartiality is objectively in doubt (Art. 828 C.j.).

Direct effect: regulations are directly applicable in all Member States (Art. 288 TFEU); directives bind Member States as to the result and must be transposed, but may have vertical direct effect if clear and unconditional (Van Duyn, 1974).

Supremacy: EU law prevails over conflicting national law (Costa v ENEL, 1964); the Belgian Constitutional Court accepts this supremacy while retaining review of the constitutional identity of the EU (Art. 4(2) TEU).

Preliminary reference (Art. 267 TFEU): national courts may refer questions of EU law to the Court of Justice; courts of last instance are obliged to refer unless the acte clair/acte éclairé exception applies.

Four freedoms: free movement of goods (Arts. 34-36 TFEU, Dassonville/Cassis de Dijon), persons (Arts. 45, 49, 56 TFEU), services, and capital; restrictions must be justified by public interest and proportionate.

Competition law: Art. 101 TFEU prohibits cartels and Art. 102 TFEU prohibits abuse of dominance; the European Commission may impose fines up to 10% of worldwide turnover; Regulation 1/2003 decentralises enforcement to national competition authorities.

State aid: Art. 107 TFEU prohibits aid that distorts competition; the Commission must be notified (Art. 108 TFEU) and aid may be exempted under the GBER or de minimis (EUR 300,000 over three years).

Charter of Fundamental Rights: applies to Member States implementing EU law (Art. 51); the CJEU enforces it alongside the ECHR, with the EU committed to acceding to the ECHR (Art. 6(2) TEU, Opinion 2/13).

Consumer and data protection: the Consumer Rights Directive and the GDPR (Regulation 2016/679) apply directly; the Belgian Data Protection Authority (Gegevensbeschermingsautoriteit/APD) enforces GDPR fines.

The Belgian Code of Private International Law (Wetboek IPR/Code de DIP, 2004) governs jurisdiction, applicable law, and recognition of foreign judgments; it applies where no treaty or EU instrument prevails.

Jurisdiction: the Brussels I bis Regulation (EU 1215/2012) applies to civil and commercial matters; defendants are sued in their domicile (Art. 4), with special jurisdiction for contract (Art. 7(1)) and tort (Art. 7(2)).

Applicable law: the Rome I Regulation (EC 593/2008) governs contractual obligations and allows party autonomy (Art. 3); the Rome II Regulation (EC 864/2007) governs non-contractual obligations, generally the law of the place of damage (Art. 4).

Family matters: the Brussels II bis Regulation (EU 2019/1111) governs matrimonial matters and parental responsibility; the 1996 Hague Convention and the 2007 Hague Maintenance Convention apply to maintenance.

Recognition and enforcement: foreign judgments are recognised under Brussels I bis without special procedure (Art. 36); enforcement requires a declaration of enforceability, and refusal is limited to public policy, default of appearance, and irreconcilable judgments (Art. 45).

Public policy exception (ordre public): a foreign judgment or law may be refused if manifestly incompatible with Belgian public policy; the exception is interpreted restrictively (Art. 21 IPR Code).

Nationality and personal status: Belgian nationality is governed by the Nationality Code (Wetboek van de Belgische nationaliteit); dual nationality is permitted, and acquisition by declaration is possible after 5 years of legal residence.

Choice of court: the Hague Choice of Court Convention 2005 and Art. 25 Brussels I bis allow parties to designate a court; a valid choice excludes other jurisdictions except for protective rules (consumers, employees, insured).

The IRAC method (Issue, Rule, Application, Conclusion) structures legal analysis; a variant is 'FACT-RULE-APPLICATION-CONCLUSION', where the facts must be classified and subsumed under the legal norm.

Sources of law hierarchy: Constitution, treaties and EU law, statutes (wetten/lois), decrees, regulations, and general principles of law; case law and doctrine are persuasive but not formally binding (except Constitutional Court and Cassation precedents in practice).

Statutory interpretation methods: grammatical (text), systematic (context), teleological (purpose), and historical (travaux préparatoires); the Court of Cassation reviews the legal qualification but not the factual findings.

Analogical reasoning and a contrario reasoning are permissible only where the law is silent; the prohibition of analogy in criminal law (Art. 7 ECHR) is a key limit.

Case analysis: identify the parties, the procedural posture, the legal question, the holding, and the ratio decidendi; distinguish obiter dicta from binding precedent.

Legal syllogism: major premise (legal rule), minor premise (facts subsumed), conclusion; the judge must motivate the decision (Art. 149 Constitution) and address the parties' submissions.

Citation practice: Belgian courts cite articles of the Constitution, codes, and statutes; case law is cited by court, date, and publication (e.g., Cass. 12 March 2020, Arr.Cass. 2020, 123).

Argumentation: burden of proof and standard of proof are part of the rule; the analysis must identify which party bears the burden (Art. 8.4 old CC) and whether presumptions reverse it.

Legal qualification: the court determines the applicable legal category (contract, tort, property) independently of the parties' labels; the 'kwalificatie' determines the applicable regime and prescription period.

Distinguishing cases: compare the material facts, the legal issue, and the policy rationale; a precedent is not binding if the facts are materially different or the legal context has changed.

Proportionality analysis: applied in administrative, constitutional, and EU law; requires a legitimate aim, suitability, necessity (least restrictive means), and a fair balance.

Legal writing: structure with a summary, facts, legal framework, analysis, and conclusion; use precise terminology and cite primary sources rather than summaries.

Empirical and comparative methods: comparative law may inform interpretation but cannot override Belgian law; empirical data is used in policy analysis, not as a source of binding norms.

Ethical dimension of analysis: the lawyer must present the law accurately, distinguish facts from opinion, and disclose adverse authority where relevant (Code of Ethics).

Review standard: the Court of Cassation reviews the legal qualification and the motivation but not the appreciation of facts; the Constitutional Court reviews legislation in abstracto.

Time management: identify the limitation period early (5 years contractual/tort, 20 years absolute) and note whether a special short period applies (e.g., 1 year for employment claims, 2 years for consumer goods).