Belgian Judicial Traineeship Admission Exam key terms

The binding force of a final judgment: the same parties cannot litigate the same claim, based on the same cause, before another court. It bars relitigation rather than merely creating a presumption.

A procedural claim by which a party asks a court to rule on a right or obligation. It requires an interest, capacity and standing, and is brought by summons or petition.

The bailiff-served document that starts proceedings before a court of first instance, stating parties, claims, grounds and the hearing date. It must meet strict formal requirements or risk nullity.

The rule allocating a case to a court of a particular place, generally the defendant's domicile, but with special rules for contracts, torts, real property and family matters.

The rule determining which type of court and level of jurisdiction may hear a case, based on subject matter and amount. It is a matter of public order and cannot be freely waived.

The principle that the parties define the subject matter of the dispute and the judge may not rule beyond or outside their claims, though the judge applies the law to the facts.

The right of each party to know and respond to all evidence and arguments submitted by the other side. A judgment based on undisclosed material must be set aside.

The judge's duty to state the factual and legal grounds supporting the decision. It enables review, ensures transparency, and protects parties against arbitrary rulings.

The operative part of a judgment, containing the actual orders and rulings. It alone determines what the parties owe, while the reasons explain why the court decided so.

A ruling that goes beyond what the parties requested. It breaches the dispositif principle and is grounds for appeal or setting aside the judgment.

Invalidity of a procedural document due to a formal defect. Under the Code judiciaire it is limited to defects expressly sanctioned by law or causing actual prejudice.

A defence that blocks a claim without examining its merits, such as limitation, res judicata, or lack of interest. The judge may raise some of them on his own motion.

The lapse of time after which a right can no longer be enforced. Periods vary by type of claim; in civil matters the general period is ten years, with shorter periods for specific actions.

A time limit set by law or by the court for performing a procedural act. Missing it generally causes forfeiture, unless a lawful ground for extension or relief applies.

The ordinary remedy by which a losing party asks a higher court to review the judgment, generally within one month. It suspends enforcement unless provisional enforcement was ordered.

A judgment that exhausts the court's jurisdiction over a claim, as opposed to an interlocutory or provisional order. It can be appealed and later acquires res judicata.

A legally binding agreement formed by offer and acceptance, creating reciprocal rights and duties. It is valid where parties have capacity, consent, a lawful object and a permitted cause.

The free and informed agreement of a party to a contract. It is vitiated by error, fraud, duress or undue influence, allowing annulment of the agreement.

Defects in the formation of consent: error about essential elements, fraud, duress and undue influence. A contract based on them is voidable at the request of the victim.

An unforeseeable and unavoidable event beyond the debtor's control that makes performance impossible. It may excuse liability or suspend obligations, depending on the terms.

The duty to compensate damage caused by fault, defective goods or persons under one's care. It requires damage, causation and a ground of liability, such as fault or strict liability.

A breach of the standard of care of a reasonably prudent person placed in the same circumstances. It is the core ground of extra-contractual liability in Belgian law.

The harm for which compensation is claimed: material, moral or physical. It must be certain and personal, and the compensation restores the victim to the prior position.

The property regime governing spouses' assets, defaulting to community of property unless they choose another by marriage contract. It determines ownership during marriage and at dissolution.

The set of rights and duties of parents regarding the person and property of their minor child, exercised jointly. Courts may adjust it in the child's best interests.

The paramount consideration in decisions affecting a child, weighing stability, health, education and the child's own views according to age and maturity.

The division of jointly owned property, notably at the end of a community regime or co-ownership. It converts undivided shares into individual ownership, usually by agreement or court order.

The components required for criminal liability: the material element (act or omission), the moral element (intent or negligence) and the absence of a justification ground.

The mental element of a crime: the offender must have intended the prohibited conduct, or in some offences, acted with negligence. It distinguishes intentional from negligent offences.

The right of an accused person to be presumed innocent until proven guilty by a final judgment, imposing the burden of proof on the prosecution and restricting pre-trial detention.

The pre-trial investigation phase, led by an investigating judge in serious cases, gathering evidence and deciding on detention. It ends with committal or dismissal.

Custody of a suspect before trial, ordered only as an exceptional measure where public safety or flight risk requires it, subject to periodic review and strict procedural safeguards.

The right of an accused to be informed of the charges, access the case file, be assisted by counsel and challenge evidence. Infringement can nullify proceedings.

The time limit after which prosecution or punishment is barred. Periods depend on the seriousness of the offence and are interrupted by investigative acts.

The constitutional rule that no crime or punishment exists without a prior, clear legal basis. It prohibits retroactive criminal law and requires strict interpretation.

The ranking of legal rules, from the Constitution and international treaties down to statutes, decrees and regulations. Lower rules must comply with higher ones.

The Belgian court that reviews statutes and decrees against constitutional and treaty rules, mainly on equality, fundamental rights and competence. It does not decide private disputes.

An action before the Council of State to annul an administrative act for illegality, available to persons with an interest, within sixty days of publication or notification.

A unilateral decision by an administrative authority that affects legal rights or duties. It is presumed lawful but may be challenged for lack of competence, form or motive.

The requirement that a claimant show a personal, direct, actual and legitimate interest in the outcome. Without it, a claim or appeal is inadmissible.

The capacity of clear and unconditional EU provisions to be invoked before national courts without further implementation, including against the state.

The principle that EU law prevails over conflicting national law, obliging national courts to set aside incompatible provisions within their scope of application.

A procedure in which a national court asks the Court of Justice of the EU to interpret EU law or assess validity, binding the referring court on the point.

A legal entity formed by one or more persons contributing assets to pursue a lawful purpose. It has legal personality, a registered office and a governance structure under the Companies Code.

A collective insolvency procedure opened against a trader unable to pay debts in a durable way. Assets are liquidated and distributed among creditors under court supervision.

An agreement in which a worker performs work under the authority of an employer for remuneration. It is distinguished from services by the element of subordination.

The employer's unilateral termination of an employment contract. It requires a valid ground or notice and may trigger severance pay or protection against manifestly unreasonable dismissal.

The step in legal reasoning of assigning facts to the correct legal category and rule, determining which rights and remedies follow from a given factual situation.

The structure of legal reasoning: a major premise stating the rule, a minor premise establishing the facts, and a conclusion applying the rule to those facts.