I85PREP
⌘ K
Belgian Magistrate Aptitude Exam study materials
Belgian Magistrate Aptitude Exam study resources

Belgian Magistrate Aptitude Exam practice questions

One question at a time. Build your Belgian Magistrate Aptitude Exam understanding.

First 50 of 200 questions. Each one lists the choices, the correct answer, and an explanation. The checker at the top of this page saves progress in this browser when it is available.

Continue in the practice tool above to load more questions, 50 at a time.

Question 1Constitutional and Administrative Law

Under the Belgian Constitution, who exercises federal legislative power?

  1. The Council of Ministers
  2. The King, the Chamber of Representatives and the Senate together Correct answer.
  3. The Chamber of Representatives alone
  4. The Constitutional Court

Explanation

Article 36 of the Constitution vests federal legislative power jointly in the King, the Chamber of Representatives and the Senate. The King acts through countersigned ministerial acts, so the Crown is a component of the legislative power rather than a separate fourth branch. Parliament alone does not hold legislative power in the strict constitutional sense.

Question 2Constitutional and Administrative Law

Which body is competent to settle conflicts of competence between federal and regional authorities?

  1. The Council of State
  2. The Constitutional Court Correct answer.
  3. The Court of Cassation
  4. The High Council of Justice

Explanation

The Constitutional Court rules on conflicts of competence between the federal State, the Communities and the Regions. This jurisdiction is distinct from its review of legislation against constitutional rules. The Council of State advises on and reviews administrative acts, not inter-level competence disputes.

Question 3Constitutional and Administrative Law

A municipality wants to ban a peaceful demonstration on a public square because it dislikes the organisers' political message. Which constitutional provision is most directly engaged?

  1. Article 19 on freedom of worship
  2. Article 24 on freedom of education
  3. Article 23 on economic and social rights
  4. Article 26 on freedom of assembly Correct answer.

Explanation

Article 26 guarantees the right of assembly and protects peaceful gatherings from prior authorisation, while allowing regulation of public gatherings by law. Dislike of the message is a content-based restriction that cannot justify a ban. The other articles protect different interests and do not govern demonstrations.

Question 4Constitutional and Administrative Law

What is the minimum age required to be eligible for election to the Chamber of Representatives?

  1. 21 years
  2. 18 years Correct answer.
  3. 30 years
  4. 25 years

Explanation

The Constitution sets the age of eligibility for the Chamber of Representatives at 18 years. This reflects the alignment of voting age and eligibility for the federal lower house. Higher ages apply to certain other offices, but not to the Chamber.

Question 5Constitutional and Administrative Law

Which principle holds that the administration must act in accordance with rules adopted in advance and published?

  1. The principle of legality Correct answer.
  2. The principle of proportionality
  3. The principle of legitimate expectations
  4. The principle of sound administration

Explanation

The principle of legality requires administrative action to rest on a legal basis and to respect published norms. Proportionality and legitimate expectations are distinct general principles of good administration applied at a later stage of review. Legality is the foundational requirement that the administration be bound by law.

Question 6Constitutional and Administrative Law

Which court heads the ordinary judicial order in Belgium?

  1. The Labour Court of Appeal
  2. The Constitutional Court
  3. The Council of State
  4. The Court of Cassation Correct answer.

Explanation

The Court of Cassation is the supreme court of the ordinary judicial order, hearing appeals on points of law. The Council of State heads the administrative order, and the Constitutional Court stands outside both orders. Labour courts form part of the ordinary order but are not its apex.

Question 7Constitutional and Administrative Law

A provincial governor issues an order that conflicts with a federal statute. Which rule applies?

  1. The conflict is resolved by the Constitutional Court
  2. The order is invalid because it violates the hierarchy of norms Correct answer.
  3. The order prevails because it is more specific
  4. The order prevails if it was published later

Explanation

The hierarchy of norms places statutes above subordinate administrative acts, so an order inconsistent with a statute lacks legal force. Later publication or greater specificity cannot cure a conflict with a higher norm. The Constitutional Court reviews statutes, not individual administrative orders.

Question 8Constitutional and Administrative Law

Which of the following is a Community competence rather than a Regional competence?

  1. Town and country planning
  2. Agriculture
  3. Education Correct answer.
  4. Employment policy

Explanation

Communities are competent for person-related matters such as education, culture and language. Regions handle territory-related matters including spatial planning, employment policy and agriculture. This division follows the personal versus territorial logic of the federal structure.

Question 9Constitutional and Administrative Law

Which procedure allows a citizen to challenge the legality of an administrative decision before the Council of State?

  1. A constitutional complaint
  2. An appeal in cassation
  3. A preliminary ruling
  4. An action for annulment Correct answer.

Explanation

The action for annulment asks the Council of State to quash an unlawful administrative act. It requires an interest, a capacity to act and the exhaustion of available administrative remedies where applicable. The other procedures serve different courts and purposes.

Question 10Constitutional and Administrative Law

The King refuses to sign a bill passed by Parliament. What is the constitutional consequence?

  1. The King may dissolve Parliament and call new elections on the bill
  2. The bill lapses and cannot be reintroduced
  3. The refusal is possible but no minister may countersign it, so the bill cannot be promulgated Correct answer.
  4. The bill becomes law without royal assent

Explanation

Royal assent requires ministerial countersignature, and no minister can countersign an act the King refuses. The refusal therefore blocks promulgation without becoming a personal political act. The Constitution provides no mechanism for legislation without assent.

Question 11Constitutional and Administrative Law

An administrative circular instructs officials to refuse all applications from a particular ethnic group. Which ground of review is most clearly established?

  1. Violation of the principle of collegiality
  2. Violation of the principle of legitimate expectations
  3. Violation of the principle of equality and non-discrimination Correct answer.
  4. Violation of the principle of proportionality

Explanation

Articles 10 and 11 of the Constitution prohibit discrimination, and a blanket refusal based on ethnicity directly breaches that guarantee. Proportionality would require balancing, but the discriminatory criterion is unlawful in itself. Equality review is the most direct and conclusive ground here.

Question 12Constitutional and Administrative Law

What is the effect of a judgment of the Constitutional Court annulling a statute?

  1. The statute is referred back to the Council of State
  2. The statute is suspended for one year
  3. The statute remains valid until Parliament repeals it
  4. The statute is annulled with effect erga omnes from the date of publication of the judgment Correct answer.

Explanation

An annulment by the Constitutional Court removes the statute from the legal order with general effect. The Court may, however, order that effects already produced be maintained temporarily. Parliament is not required to act for the annulment to take effect.

Question 13Constitutional and Administrative Law

A minister delegates a decision to a subordinate official without any legal basis for subdelegation. What is the result?

  1. The decision is valid because delegation is presumed
  2. The decision is invalid because the delegated authority lacked competence Correct answer.
  3. The decision is valid but must be ratified within thirty days
  4. The decision is valid if the subordinate acted reasonably

Explanation

Competence is generally conferred on a specific authority and cannot be subdelegated without a legal basis. A decision taken by an official lacking competence is unlawful. Reasonableness or later ratification does not supply the missing legal basis.

Question 14Constitutional and Administrative Law

Which body exercises control over the federal government through motions of confidence and interpellation?

  1. The Chamber of Representatives Correct answer.
  2. The Senate
  3. The Council of State
  4. The Court of Audit

Explanation

The Chamber of Representatives holds the federal government politically accountable through confidence votes, interpellations and questions. The Senate no longer exercises this function following the reforms of the federal structure. The Court of Audit performs financial control rather than political accountability.

Question 15Constitutional and Administrative Law

A regional decree conflicts with a federal statute on a matter of federal competence. Which authority decides whether the decree is valid?

  1. The Court of Cassation
  2. The Council of State
  3. The regional parliament itself
  4. The Constitutional Court Correct answer.

Explanation

When a regional decree exceeds regional competence or conflicts with federal legislation on a federal matter, the Constitutional Court decides on annulment. The regional parliament cannot adjudicate the validity of its own decree. The Council of State reviews administrative acts, not decrees.

Question 16Constitutional and Administrative Law

Which requirement must a party satisfy to bring an annulment action before the Council of State?

  1. It must deposit a sum equal to the value of the disputed act
  2. It must show a personal interest that is direct, actual and legitimate Correct answer.
  3. It must have voted against the act in a public consultation
  4. It must first obtain permission from the Minister of Justice

Explanation

Standing before the Council of State requires a personal interest that is direct, actual and legitimate, meaning the applicant must be affected by the act. This filters out purely abstract challenges. There is no general permission requirement or deposit tied to the value of the act.

Question 17Constitutional and Administrative Law

The federal parliament adopts a law that transfers a matter to the Regions without amending the Constitution. What is the constitutional status of that law?

  1. It is valid if the Council of State approves it
  2. It is valid if the Regions consent by decree
  3. It is valid because ordinary legislation may redistribute competences
  4. It is invalid because transfers of competence require constitutional revision Correct answer.

Explanation

The distribution of competences is fixed in the Constitution and can be altered only through constitutional revision under Article 195. Ordinary legislation cannot reassign constitutional competences. Consent by the Regions or approval by the Council of State does not substitute for the special revision procedure.

Question 18Constitutional and Administrative Law

Which of the following best describes the standstill obligation under Article 23 of the Constitution?

  1. It prohibits the competent legislator from significantly reducing the existing level of protection without justification Correct answer.
  2. It applies only to federal legislation
  3. It requires the legislator to increase social rights every year
  4. It freezes social rights at their 1994 level permanently

Explanation

Article 23 contains a standstill obligation preventing the competent authority from significantly reducing existing protection without justification tied to the public interest. It does not mandate annual increases. The obligation applies to all competent legislators, federal and federated alike.

Question 19Constitutional and Administrative Law

A decision is taken after the statutory deadline and the applicant was not heard. Which grounds of review are most clearly available?

  1. Violation of the hierarchy of norms only
  2. Absence of a legal basis only
  3. Violation of time limits and of the right to be heard Correct answer.
  4. Violation of the principle of legality only

Explanation

Exceeding a statutory deadline and failing to hear the interested party are distinct procedural grounds for annulment. Both breach general principles of sound administration and audi alteram partem. The other grounds concern the substantive legal basis rather than procedure.

Question 20Constitutional and Administrative Law

Which statement about the King's political responsibility is correct?

  1. The King personally answers questions in Parliament
  2. The King is politically responsible to the Chamber
  3. The King may be impeached before the Senate
  4. The King's acts require ministerial countersignature and the minister bears responsibility Correct answer.

Explanation

Article 106 provides that no act of the King has effect without ministerial countersignature, and the countersigning minister assumes responsibility. The King's person is inviolable and not politically accountable. This is the core of the parliamentary monarchy.

Question 21Constitutional and Administrative Law

A municipal council adopts a regulation that restricts a fundamental right protected by the Constitution. Under what condition can such a restriction be valid?

  1. Whenever the mayor signs it
  2. Whenever a majority of the council approves it
  3. Only if the federal government approves it in advance
  4. Only if it is based on a law or a norm adopted pursuant to a law and is proportionate Correct answer.

Explanation

Restrictions on constitutional rights generally require a legal basis adopted by a competent legislator, and must respect proportionality and the essential content of the right. A municipal majority or mayoral signature cannot supply that basis. Prior federal approval is not the constitutional test.

Question 22Constitutional and Administrative Law

Which criterion governs whether a federal law can validly be applied to a matter that falls within regional competence?

  1. The federal law is valid if it pursues a federal interest and does not substantially affect the regional competence Correct answer.
  2. The federal law is always valid because federal norms prevail
  3. The federal law is invalid whenever it has any incidental effect on a regional matter
  4. The federal law is valid if the Regions do not object within sixty days

Explanation

Federal legislation touching regional competences must respect the federal loyalty principle and cannot substantially impair the regional competence or pursue a disguised regional policy. Incidental effects are tolerated; a substantial encroachment is not. Neither automatic federal primacy nor a silence-based veto reflects the doctrine.

Question 23Constitutional and Administrative Law

A preliminary question to the Constitutional Court is referred by a court. What is the effect of that referral on the pending proceedings?

  1. The referral suspends the statute automatically
  2. The referring court must continue and may ignore the answer
  3. The referral transfers the entire case to the Constitutional Court
  4. The referring court must stay its proceedings until the Constitutional Court rules Correct answer.

Explanation

When a court refers a preliminary question, it must stay the proceedings until the Constitutional Court delivers its ruling. The Constitutional Court answers the question of validity but does not take over the underlying dispute. The statute itself is not suspended by the mere referral.

Question 24Constitutional and Administrative Law

An administrative act is based on a correct legal provision but the authority used the power for a purpose unrelated to that provision. Which ground of review applies?

  1. Detournement de pouvoir (misuse of power) Correct answer.
  2. Violation of the principle of legitimate expectations
  3. Violation of the principle of legality
  4. Absence of motivation

Explanation

Misuse of power arises where an authority exercises a lawful competence for a purpose other than the one the legislature intended. The act may satisfy legality and motivation yet still be annulled on this ground. It is a distinct substantive defect focused on the purpose pursued.

Question 25Constitutional and Administrative Law

Which statement correctly describes the relationship between the Constitution and international treaties under Belgian law?

  1. Certain treaties can be ratified only after constitutional revision where they conflict with the Constitution Correct answer.
  2. Treaties have no effect in the domestic legal order
  3. Treaties always prevail over the Constitution
  4. Treaties are subordinate to statutes

Explanation

Where a treaty conflicts with the Constitution, the Constitution must be revised before ratification can proceed, as provided by the procedure for prior constitutional revision. Treaties do not automatically override the Constitution. Once in force, treaties have domestic effect and can prevail over statutes under the Court of Cassation's case law.

Question 26Constitutional and Administrative Law

Which body is competent to settle conflicts of competence between the federal State, the Communities and the Regions under the Belgian Constitution?

  1. The Council of Ministers
  2. The Council of State
  3. The Court of Cassation
  4. The Constitutional Court Correct answer.

Explanation

The Constitutional Court has jurisdiction to resolve conflicts of competence between the federal State, the Communities and the Regions. It reviews laws, decrees and ordinances for compliance with the constitutional rules on competence. The Council of State reviews administrative acts, not the division of competences between legislatures.

Question 27Constitutional and Administrative Law

What is the primary legal effect of Article 23 of the Belgian Constitution?

  1. It transfers all social policy competences to the Communities and Regions.
  2. It obliges the State to guarantee a minimum income to every resident.
  3. It imposes a standstill obligation on public authorities with regard to the essential elements of economic, social and cultural rights. Correct answer.
  4. It creates directly enforceable individual rights that courts must apply without further legislation.

Explanation

Article 23 enshrines economic, social and cultural rights and imposes a standstill obligation: public authorities may not significantly regress the level of protection already achieved without justification. It does not create directly enforceable subjective rights; the rights are given effect through legislation. The standstill obligation is reviewed by the Constitutional Court.

Question 28Constitutional and Administrative Law

A municipality adopts a local regulation that prohibits all street demonstrations within its territory. Which constitutional provision is most directly engaged?

  1. Article 19, which guarantees freedom of worship
  2. Article 22, which guarantees the right to privacy
  3. Article 26, which guarantees freedom of assembly Correct answer.
  4. Article 24, which guarantees freedom of education

Explanation

Article 26 of the Constitution guarantees the freedom of assembly, including the right to demonstrate peacefully. A blanket ban on all street demonstrations restricts that freedom and must satisfy the conditions for limiting constitutional rights. The other provisions concern different fundamental rights.

Question 29Constitutional and Administrative Law

When may the King dissolve the Chamber of Representatives under the Belgian Constitution?

  1. Only if the Chamber has rejected a motion of confidence and the King has accepted the Prime Minister's resignation. Correct answer.
  2. When the Chamber, by an absolute majority of its members, adopts a motion of confidence in the King and requests dissolution.
  3. Whenever the Government loses a vote of confidence in the Chamber.
  4. Only after the Chamber has been dissolved once during the same legislature.

Explanation

Under Article 46 of the Constitution, the King may dissolve the Chamber only after the Chamber has rejected a motion of confidence and the King has accepted the Prime Minister's resignation. This condition prevents dissolution as a routine political weapon. The dissolution must then be followed by elections within forty days.

Question 30Constitutional and Administrative Law

A federal statute delegates to the King the power to determine the conditions under which a fundamental right may be restricted. Which constitutional principle is most directly violated?

  1. The principle of federal loyalty, because the delegation interferes with regional competences.
  2. The principle of legal certainty, because the statute is unclear.
  3. The principle of legality, because fundamental rights can only be restricted by a formal law. Correct answer.
  4. The principle of proportionality, because the delegation is too broad.

Explanation

In Belgian constitutional law, restrictions on fundamental rights must be imposed by a formal law adopted by Parliament. Delegating that power to the King violates the principle of legality, even if the statute sets a framework. Proportionality and legal certainty are relevant but secondary to the lack of a formal legal basis.

Question 31Civil Law and Civil Procedure

Under the Belgian Civil Code, at what age does a person generally attain full legal capacity to perform juridical acts?

  1. At 16 years of age with parental consent
  2. At 16 years of age upon emancipation
  3. At 21 years of age
  4. At 18 years of age Correct answer.

Explanation

Since the reform of 2001, the age of majority in Belgium is fixed at 18 years, and majority brings full legal capacity to conclude juridical acts. Emancipation before majority is exceptional and does not confer general capacity.

Question 32Civil Law and Civil Procedure

Which of the following is a defining characteristic of a real right (droit réel) as opposed to a personal right?

  1. It extinguishes automatically upon the death of the holder
  2. It is enforceable only against a specific identified debtor
  3. It can only arise from a written contract registered with the court
  4. It confers a direct power over a thing enforceable against third parties Correct answer.

Explanation

A real right grants its holder a direct and immediate power over a thing and is opposable to third parties generally, whereas a personal right binds only a determined debtor. This distinction underpins the rules on publication and third-party effect.

Question 33Civil Law and Civil Procedure

A contract concluded by a minor who has not been emancipated is in principle:

  1. Voidable at the request of the minor or his legal representative Correct answer.
  2. Automatically void with retroactive effect
  3. Fully valid and binding without any possibility of challenge
  4. Valid only if the minor is over 16 and acting alone

Explanation

Acts of a minor are subject to relative nullity, which may be invoked by the minor or his legal representatives to protect him. The act is not automatically void and may be confirmed.

Question 34Civil Law and Civil Procedure

Which form of marriage is legally required for a valid marriage in Belgium?

  1. A private written agreement between the spouses
  2. A civil ceremony celebrated before the competent public officer Correct answer.
  3. A notarial deed signed by two witnesses
  4. A religious ceremony followed by registration

Explanation

Belgian law requires a civil marriage celebrated before the competent officer of the civil registry. A religious ceremony has no civil effect unless preceded by the civil marriage.

Question 35Civil Law and Civil Procedure

In Belgian civil procedure, which principle requires the judge to hear both parties before ruling?

  1. The principle of party disposition
  2. The principle of free disposition of the claim
  3. The principle of the adversarial debate (principe du contradictoire) Correct answer.
  4. The principle of public hearing

Explanation

The adversarial principle guarantees each party the right to be heard and to respond to the other's arguments. It is a fundamental safeguard of the right to a fair trial.

Question 36Civil Law and Civil Procedure

What is the standard form of ordinary jurisdiction for a civil claim whose value is modest and which falls within the competence of the justice of the peace?

  1. The court of appeal
  2. The court of first instance
  3. The commercial court
  4. The justice of the peace (juge de paix) Correct answer.

Explanation

The justice of the peace has general competence for civil claims below a statutory threshold and for certain enumerated matters such as tenancy disputes. The court of first instance handles claims above that threshold.

Question 37Civil Law and Civil Procedure

Which of the following is required for a valid offer and acceptance to form a contract?

  1. Prior approval by the civil registry
  2. Registration of the agreement with the tax authority
  3. Consent, capacity, a lawful object and a permitted cause Correct answer.
  4. A written document signed by both parties

Explanation

Belgian law requires four validity conditions: consent, capacity, a certain and lawful object, and a lawful cause. Formalities are exceptions imposed by specific statutes.

Question 38Civil Law and Civil Procedure

When does ownership generally pass between the parties in a contract of sale of a movable thing?

  1. Only upon payment of the full price
  2. Only upon registration in a public register
  3. At the moment of the agreement on the thing and the price Correct answer.
  4. Only upon physical delivery of the thing

Explanation

Under the principle of solo consensu, ownership of a determined thing passes as soon as the parties agree on the thing and the price, even before delivery and payment. Delivery and payment are obligations, not conditions of the transfer between the parties.

Question 39Civil Law and Civil Procedure

A tenant fails to pay rent for three months. Which remedy allows the landlord to terminate the lease before the term expires under the residential lease regime?

  1. Judicial termination after a formal notice remains ineffective Correct answer.
  2. Automatic termination by operation of law after one month
  3. Termination by unilateral notice without any formal step
  4. Termination by simple registered letter without judicial intervention in all cases

Explanation

Under the residential lease regime, serious breaches such as repeated non-payment allow termination, but the landlord must generally give formal notice and, if it remains ineffective, seek judicial termination. Self-help termination is not freely available.

Question 40Civil Law and Civil Procedure

A debtor owes 10,000 euros but the creditor grants a partial remission of 2,000 euros. What is the effect on the debt?

  1. The entire debt is extinguished
  2. The remission is void unless registered in court
  3. The debt remains 10,000 euros because remission is invalid
  4. The debt is reduced to 8,000 euros Correct answer.

Explanation

Remission of debt is a form of voluntary extinction of obligations to the extent of the amount remitted. A partial remission therefore reduces the debt by the amount forgiven.

Question 41Civil Law and Civil Procedure

Two co-owners hold a house in undivided co-ownership with equal shares. One wishes to sell the whole property; the other refuses. What is the general rule?

  1. No co-owner is compelled to remain in undivided co-ownership, and partition may be sought Correct answer.
  2. Each co-owner may freely sell the whole property alone
  3. The property can never be sold without unanimous consent under any circumstances
  4. The refusing owner automatically acquires the other's share

Explanation

The principle is that no one may be compelled to remain in indivision, so any co-owner may request partition or sale of the common property. A court may order the sale if the property cannot be conveniently divided.

Question 42Civil Law and Civil Procedure

A plaintiff sues in the court of first instance for 30,000 euros but the claim is later reduced to 15,000 euros during the proceedings. What principle governs the court's jurisdiction?

  1. Jurisdiction is always determined by the highest amount ever mentioned
  2. Jurisdiction is determined by the defendant's domicile only
  3. Jurisdiction is determined at the moment the claim is filed Correct answer.
  4. Jurisdiction follows the final amount claimed at the end of proceedings

Explanation

The competence of a court is assessed at the moment the action is brought, based on the claim as formulated then. Later reductions do not deprive the court of jurisdiction already established.

Question 43Civil Law and Civil Procedure

A creditor holds a mortgage over a debtor's immovable. The debtor sells the property to a third party. What is the creditor's position?

  1. The mortgage follows the property and may be enforced against the third-party purchaser Correct answer.
  2. The sale is automatically void
  3. The creditor must obtain a new mortgage from the purchaser
  4. The mortgage is extinguished by the sale

Explanation

A mortgage is a real security that attaches to the immovable and remains opposable to subsequent acquirers once duly registered. The creditor may pursue the property in the hands of the third party.

Question 44Civil Law and Civil Procedure

Which of the following best describes the effect of a judgment that has become res judicata?

  1. It may be relitigated by any interested party
  2. It definitively settles the dispute and bars a new action on the same subject, cause and parties Correct answer.
  3. It expires automatically after five years
  4. It binds only the judge who delivered it

Explanation

The authority of res judicata prevents a new action between the same parties on the same subject matter and cause. It provides finality and legal certainty.

Question 45Civil Law and Civil Procedure

A party wishes to appeal a judgment of the justice of the peace. To which court is the appeal generally directed?

  1. The court of first instance Correct answer.
  2. The Court of Cassation
  3. The court of appeal
  4. The labour court

Explanation

Appeals against decisions of the justice of the peace generally lie to the court of first instance. The court of appeal hears appeals from the court of first instance and certain other tribunals.

Question 46Civil Law and Civil Procedure

Under Belgian law, what is the effect of an error (erreur) as a defect of consent?

  1. Only an error relating to the substance or a determining element may lead to nullity Correct answer.
  2. Only errors of law are relevant
  3. Any error voids the contract automatically
  4. Error is never a ground for nullity

Explanation

Not every mistake vitiates consent; the law requires an error bearing on the substance of the thing or on an element the party regarded as essential. The error must also be excusable in the relevant circumstances.

Question 47Civil Law and Civil Procedure

A testator writes a holographic will entirely in his own hand and signs it. Is this will valid in Belgium?

  1. Only if two witnesses countersign it
  2. Yes, a holographic will is valid if entirely handwritten and signed Correct answer.
  3. Only if registered within one month of death
  4. No, a will must always be notarized

Explanation

Belgian law recognizes the holographic will, which must be entirely written, dated and signed by the testator in his own hand. No witnesses or notary are required for its form.

Question 48Civil Law and Civil Procedure

A person dies intestate leaving a surviving spouse and two children. How is the estate generally divided under Belgian succession law?

  1. The spouse receives everything
  2. The estate passes to the State
  3. The estate is divided into a share for the spouse and equal shares for the children according to the statutory rules Correct answer.
  4. The children receive everything and the spouse nothing

Explanation

The surviving spouse is a reserved heir and receives a statutory share, while the children share the residue in equal parts. The exact proportions depend on the applicable succession rules and the composition of the family.

Question 49Civil Law and Civil Procedure

Which of the following is true regarding the burden of proof in a Belgian civil trial?

  1. The burden shifts automatically to the party with more resources
  2. The defendant must always prove his innocence
  3. Each party bears the burden of proving the facts it alleges Correct answer.
  4. The judge must investigate the facts on his own initiative in all cases

Explanation

The general rule is that the party asserting a fact must prove it. The judge may order measures of inquiry but does not generally replace the parties' burden.

Question 50Civil Law and Civil Procedure

A company director concludes a contract on behalf of the company but exceeds his statutory powers. What is the general effect vis-à-vis a third party acting in good faith?

  1. The company is generally bound, as limitations of power are not always opposable to good-faith third parties Correct answer.
  2. The contract is suspended until ratification by a court
  3. The contract is void because the director lacked authority
  4. The director is personally liable in all cases

Explanation

Under company law, restrictions on the powers of company organs are generally not opposable to third parties acting in good faith. The company may therefore be bound even where internal limits were exceeded.