Belgian Judicial Traineeship Admission Exam flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Contract formation

A contract is formed by offer and acceptance, capacity, free consent, and a lawful object; defects like error, fraud, or violence can lead to nullity under the old Civil Code.

Ownership

Ownership is the right to enjoy and dispose of property absolutely, provided it is not used contrary to law or to the rights of others (Article 544 old Civil Code).

Parental authority

Parental authority is exercised jointly by both parents; in case of disagreement, the family court may decide in the child's best interest (Articles 373-374 old Civil Code).

Tort liability

Tort liability requires fault, damage, and causal link (Article 1382 old Civil Code); strict liability applies for things and animals (Articles 1384-1385).

Divorce by mutual consent

Divorce by mutual consent requires two appearances before the family court and a waiting period; the judge verifies free consent and the fairness of the agreement (Articles 230 and 1291 old Civil Code).

Legality principle

No crime without law, no penalty without law (nullum crimen sine lege, nulla poena sine lege); criminal statutes are strictly interpreted (Article 2 Criminal Code).

Pre-trial detention

The arrest warrant must be confirmed by the investigating judge within 5 days; detention is reviewed monthly by the indictment chamber (Articles 16-22 Code of Criminal Procedure).

Jury court

The cour d'assises tries serious crimes punishable by more than 20 years; it consists of 12 jurors and 3 professional judges (Article 119 Judicial Code).

Statute of limitations

Prosecution is time-barred after 10 years for crimes, 5 years for délits, and 1 year for contraventions; the period starts on the day the offence was committed (Articles 21-23 Code of Criminal Procedure).

Salduz right

The suspect has the right to remain silent and to be assisted by a lawyer from the first interrogation; this right must be notified (Article 47bis Code of Criminal Procedure).

Justice of the Peace

The juge de paix has jurisdiction in claims up to €5,000 and in specific matters such as rent, neighbour disputes, and small consumer claims (Article 590 Judicial Code).

Court of Cassation

The Cour de cassation reviews only points of law, not facts; it does not re-examine the merits of the case (Article 608 Judicial Code).

Recusal of judge

Recusal (récusation) is possible for specific grounds listed in Article 828, such as interest, relationship, or prior involvement; the request is filed with the court.

Legal aid

Legal aid (aide juridique) is available for persons with insufficient income; it covers legal advice and representation, subject to income thresholds (Articles 664-699 Judicial Code).

Nullity of procedural acts

Failure to comply with procedural time limits may lead to nullity only if expressly provided or if the act causes harm (Article 860 Judicial Code).

Belgian federal structure

Belgium is a federal state with three communities (Flemish, French, German-speaking) and three regions (Flemish, Walloon, Brussels-Capital); Article 1 of the Constitution establishes this.

Council of State

The Council of State reviews the legality of administrative acts and may annul them; it also gives advisory opinions on draft legislation (Article 14 Coordinated Laws).

Constitutional Court

The Belgian Constitutional Court reviews laws for compliance with the Constitution and the division of powers; it may annul or interpret provisions (Article 142 Constitution).

Direct effect of EU law

European law has direct effect (Van Gend en Loos) and primacy (Costa v ENEL) over national law; directives can have vertical direct effect if clear and unconditional.

Formal motivation

Administrative acts must be formally motivated for individual decisions; the Law of 29 July 1991 on formal motivation applies to administrative authorities.

Company minimum capital

A private limited company (SRL/BV) requires a minimum capital of €1 since 2019 under the Companies and Associations Code.

Employment contract

The Law of 3 July 1978 on employment contracts regulates indefinite and fixed-term contracts; a fixed-term contract must be in writing and specify the reason (Article 9).

Dismissal notice

For a worker with at least 6 months' seniority, the notice period is at least 4 weeks and increases with seniority; for white-collar workers, notice is calculated per year of service (Articles 59 and 65).

Works Council

The Works Council must be established in companies with usually at least 100 employees; it has information and consultation rights on economic and social matters (Law of 20 September 1948).

Bankruptcy

Bankruptcy is opened by a judgment of the enterprise court when the debtor is in a state of cessation of payments and has lost creditworthiness (Article XX.99 Code of Economic Law).

Syllogistic method

Legal reasoning uses the syllogism: major premise (legal rule), minor premise (facts), conclusion (legal consequence); the judge applies the rule to the facts.

Interpretation methods

Judges interpret statutes using literal, systematic, teleological, historical, and comparative methods; no hierarchy is prescribed by the Civil Code.

Burden of proof

The burden of proof lies with the plaintiff; the defendant must prove facts supporting their defence (Article 870 Judicial Code).

IRAC method

Case analysis follows IRAC: identify the parties and facts, state the legal issue, cite the rule, apply it, and conclude; distinguish obiter dicta from ratio decidendi.

Judgment content

A judgment must contain the parties' names, the subject of the claim, the grounds (motifs), the operative part (dispositif), the date, and the judge's signature (Article 780 Judicial Code).

Operative part

The dispositif states the decision clearly and precisely, including orders to pay, do, or refrain, and the costs (dépens).

Language of proceedings

The language of the proceedings is determined by the linguistic region where the court is located; in Brussels, the plaintiff chooses, but the defendant may request a change (Law of 15 June 1935).