Belgian Advocate Aptitude Test study guide
Belgian Advocate Aptitude Test · Work through your exam, one topic at a time.
The Belgian advocate aptitude test (in Dutch the proef van geschiktheid, in French the épreuve d'aptitude) is the gate that candidates must pass before they can be sworn in and enrolled on a Belgian bar list. It is aimed at law graduates who have completed the required traineeship stage and at certain foreign-qualified lawyers who must demonstrate command of Belgian law. The Belgian Advocate Aptitude Test study guide has 10 sections and about 2,890 words.
01Civil Law and Civil Procedure: Foundations and Exam Traps
Begin with the architecture of the Civil Code (Burgerlijk Wetboek / Code civil). You must know the hierarchy of sources: the Code, specific statutes, general principles, and case law.
336 words, about 2 min02Criminal Law and Criminal Procedure: Elements, Defences, and Phase Logic
The central concepts are the legal definition of the offence (legality, strict interpretation), the material element (act or omission, causation), and the moral element (intention, negligence). You must know the distinction between attempt and preparation, between co-perpetration, complicity, and aiding, and the rules on corporate criminal liability.
324 words, about 2 min03Commercial and Company Law: Status, Instruments, and Structures
Know the status of the trader (merchant), the obligations of registration, and the rules on commercial books. Master the law of commercial obligations: the autonomy of the commercial debt, joint and several liability, and the evidence rules applicable between traders.
326 words, about 2 min04Labour and Social Security Law: Contracts, Protection, and Security
Start with the employment contract: its defining elements (work, remuneration, authority), the distinction from a contract for services, and the rules on trial periods, fixed-term and part-time work, and temporary agency work. Know the obligations of both parties: the employee's duty to perform and to be loyal, the employer's duty to pay, to provide safe working conditions, and to respect the employee's privacy.
303 words, about 2 min05Public, Constitutional, and Administrative Law: Powers and Limits
Begin with the structure of the state: the separation of powers, the federal structure, the distribution of competences, and the role of the Constitutional Court. Know the hierarchy of norms and the principle of legality.
273 words, about 1 min06Tax Law: Basis, Procedure, and Remedies
Know the constitutional basis of taxation: legality, equality, and the annual authorization by parliament. Master the main taxes: personal income tax, corporate income tax, value added tax, registration duties, and local taxes.
261 words, about 1 min07Judicial Law and Deontology: Ethics in Practice
Understand the status of judges and prosecutors: independence, impartiality, and the separation of the judiciary from the executive and legislative branches. Know the rules on appointment, promotion, and discipline.
259 words, about 1 min08European Union Law: Order, Effects, and Remedies
Master the sources of EU law: the Treaties, regulations, directives, decisions, and international agreements. Know the principles of conferral, subsidiarity, and proportionality.
250 words, about 1 min09Private International Law: Jurisdiction, Applicable Law, and Recognition
Every private international law problem raises three questions: which court has jurisdiction, which law applies, and will the foreign judgment be recognised and enforced. Master the sources: the national code, the Brussels regime, the Hague conventions, and the Rome regulations.
271 words, about 1 min10Legal Methodology and Case Analysis: Reasoning and Writing
Legal methodology is the discipline of moving from facts to a justified conclusion. Master the structure of legal reasoning: qualification of the facts, identification of the applicable rule, interpretation of the rule, application to the facts, and conclusion.
287 words, about 1 min