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Belgian Judicial Traineeship Admission Exam study materials
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Belgian Judicial Traineeship Admission Exam practice questions

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Question 1Civil law (including family, property, contract and liability law)

Under the Belgian Civil Code, when does a contract of sale transfer ownership of the thing sold to the buyer?

  1. Only after the price has been fully paid
  2. Only after registration of the deed in the mortgage office
  3. Only after delivery of the goods has taken place
  4. Upon conclusion of the agreement, by the mere consent of the parties Correct answer.

Explanation

Belgian law follows the principle of solo consensu: ownership passes as soon as the parties agree on the thing and the price, without any need for delivery or payment. This is the classic rule that sale is consensual and transfers title immediately between the parties. Delivery and payment affect possession and the obligation to pay, not the transfer of ownership itself.

Question 2Civil law (including family, property, contract and liability law)

A seller agrees to sell a specific painting to a buyer, but before delivery the seller sells and delivers the same painting to a second buyer acting in good faith. Which statement best reflects Belgian law on the conflict between the two buyers?

  1. The second buyer prevails because possession of movable property is equivalent to title Correct answer.
  2. The first buyer prevails because the earlier contract dates first
  3. The first buyer prevails only if the price was higher than the second sale
  4. Neither buyer prevails and the seller must compensate both equally

Explanation

For tangible movable property, Belgian law resolves conflicts between competing buyers by applying the maxim that possession is equivalent to title for movables. The buyer who was first put in possession in good faith is protected, even against an earlier buyer whose contract predates the second sale. The earlier contract alone does not defeat a later buyer who actually obtained possession.

Question 3Civil law (including family, property, contract and liability law)

Which of the following is a valid ground for divorce by mutual consent under Belgian law?

  1. A single appearance confirming the agreement suffices
  2. The spouses must have lived apart for at least one year
  3. The spouses must appear twice before the court at intervals set by law Correct answer.
  4. Irretrievable breakdown of the marriage established by the spouses' persistent disagreement

Explanation

Divorce by mutual consent requires the spouses to appear before the family court at least twice, separated by a statutory waiting period, to confirm their intention. This procedural safeguard ensures the consent is genuine and considered. A single appearance is insufficient, and living apart is not a condition of this ground.

Question 4Civil law (including family, property, contract and liability law)

In Belgian tort law, what is the general age threshold below which a minor is conclusively presumed incapable of committing a fault giving rise to liability?

  1. Sixteen years
  2. Seven years Correct answer.
  3. Twelve years
  4. No fixed age exists; capacity is assessed case by case

Explanation

Belgian law applies a rebuttable-to-conclusive presumption that a child under the age of seven lacks the discernment required to commit a fault. Below that age, the minor cannot be held personally liable in tort, although parents or guardians may bear liability. Above seven, capacity is assessed in concreto.

Question 5Civil law (including family, property, contract and liability law)

Which of the following best describes the Belgian rule on the burden of proof in civil matters?

  1. The defendant always bears the burden of proof
  2. Each party bears the burden of proving the facts it alleges Correct answer.
  3. The judge must investigate the facts on his own initiative
  4. The plaintiff must prove all facts, including those raised by the defence

Explanation

The general rule is that the party who alleges a fact must prove it, so the burden follows the pleadings. The judge does not ordinarily investigate facts ex officio, though he may order certain measures. Each party thus supports its own claims and defences.

Question 6Civil law (including family, property, contract and liability law)

A landlord leases an apartment to a tenant. Which statement about the tenant's obligation to pay rent is correct?

  1. Rent is automatically suspended whenever the landlord visits the premises
  2. Rent is due only after the tenant has occupied the premises for a full month
  3. Rent can be unilaterally reduced by the tenant if the heating fails once
  4. Rent is due at the agreed term, and non-payment can justify termination of the lease Correct answer.

Explanation

The tenant's principal obligation is to pay rent at the agreed times, and serious or repeated non-payment is a ground for terminating the lease. Minor incidents do not justify withholding rent. The tenant must pursue remedies such as rent reduction through the proper procedure.

Question 7Civil law (including family, property, contract and liability law)

Which of the following is required for a valid marriage under Belgian law?

  1. Publication of the banns in a newspaper
  2. Free and informed consent of both spouses expressed before the civil registrar Correct answer.
  3. Religious ceremony in a recognised place of worship
  4. Consent of the parents regardless of the spouses' ages

Explanation

A civil marriage in Belgium requires the free and informed consent of both parties, declared before the civil registrar. Religious ceremonies have no civil effect unless preceded by the civil marriage. Parental consent is not required for adults.

Question 8Civil law (including family, property, contract and liability law)

Which statement correctly describes the effect of a resolutory condition in a contract?

  1. The obligation arises only when the condition is fulfilled
  2. The obligation becomes enforceable only after registration
  3. The obligation ceases when the condition is fulfilled Correct answer.
  4. The obligation is void from the outset

Explanation

A resolutory condition causes an existing obligation to lapse when the uncertain event occurs. By contrast, a suspensive condition defers the birth of the obligation until the event occurs. The distinction turns on whether the condition ends or begins the obligation.

Question 9Civil law (including family, property, contract and liability law)

A consumer buys a defective appliance from a professional seller. Under Belgian consumer protection rules, which statement best reflects the legal position?

  1. The consumer must always accept repair and cannot demand any other remedy
  2. The consumer may choose among repair, replacement, price reduction or rescission subject to legal conditions Correct answer.
  3. The consumer must sue within three days of purchase
  4. The consumer has no remedy once the appliance has been used

Explanation

Belgian consumer law grants the buyer a hierarchy of remedies for non-conformity, starting with repair or replacement and extending to price reduction or rescission where those are impossible or disproportionate. The consumer is not confined to a single remedy. Use of the goods does not automatically extinguish the remedies.

Question 10Civil law (including family, property, contract and liability law)

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

  1. It confers a direct power over a thing enforceable against third parties Correct answer.
  2. It always expires after ten years
  3. It can only arise from a court judgment
  4. It is enforceable only against the contracting party

Explanation

A real right gives its holder direct control over a thing and is opposable to third parties, unlike a personal right which binds only the debtor. Ownership, usufruct and servitudes are examples. Real rights are not subject to a uniform ten-year expiry nor do they require a judgment to arise.

Question 11Civil law (including family, property, contract and liability law)

Two co-owners of an undivided immovable wish to end their co-ownership. Which statement reflects Belgian law?

  1. Co-ownership can never be terminated as long as one co-owner objects
  2. Only a court can dissolve co-ownership, and only after twenty years
  3. No one can be compelled to remain in co-ownership indefinitely, subject to statutory limits Correct answer.
  4. Co-ownership ends automatically after five years by operation of law

Explanation

The principle that no one may be forced to remain in indivision underpins the right to request partition, subject to lawful agreements postponing it for a limited period. A co-owner may therefore seek partition despite opposition. Automatic termination after a fixed period is not the rule.

Question 12Civil law (including family, property, contract and liability law)

Which of the following best describes the legal nature of a usufruct (usufruit)?

  1. A real right to use and enjoy another's property while preserving its substance Correct answer.
  2. A personal right to occupy premises for life
  3. A security interest securing repayment of a debt
  4. A form of co-ownership giving title to a share

Explanation

Usufruct is a temporary real right allowing the usufructuary to use and take the fruits of property owned by another while preserving its substance. It is distinct from ownership, which remains with the bare owner. It is not a mere personal right, a co-ownership share or a security.

Question 13Civil law (including family, property, contract and liability law)

A creditor holds a mortgage over a debtor's immovable. What is the essential effect of the mortgage upon default?

  1. The creditor may have the property sold and be paid from the proceeds in priority Correct answer.
  2. The creditor becomes the owner of the property automatically
  3. The creditor may take possession and use the property indefinitely
  4. The creditor may sell the property without any court procedure

Explanation

A mortgage is a security real right that entitles the creditor, on default, to have the encumbered property sold and to be paid from the proceeds according to rank. The creditor does not become owner automatically, and enforcement follows prescribed procedures. This distinguishes the mortgage from a transfer of ownership.

Question 14Civil law (including family, property, contract and liability law)

Which of the following is required for a valid will (testament) in Belgian law?

  1. A will may be made orally without any record
  2. A holographic will must be entirely written, dated and signed by the testator Correct answer.
  3. A will must always be drawn up before two witnesses and a notary
  4. A will must be registered within eight days to be valid

Explanation

A holographic will is valid if it is entirely handwritten, dated and signed by the testator; no notary is required for that form. Other forms, such as the authentic will before a notary, follow their own formalities. Oral wills are valid only in exceptional circumstances.

Question 15Civil law (including family, property, contract and liability law)

Under Belgian succession law, which of the following statements about the reserved portion (réserve) is correct?

  1. Certain heirs are entitled to a reserved share that the testator cannot give away Correct answer.
  2. The reserve can be waived by a minor heir without court approval
  3. The testator may freely dispose of the entire estate
  4. The reserve applies only to movable property

Explanation

Belgian succession law protects certain heirs by reserving a portion of the estate to them, limiting the testator's freedom to dispose of the whole. The disposable portion is what remains after the reserve. The reserve is not confined to movables, and a minor cannot validly waive it without proper authorisation.

Question 16Civil law (including family, property, contract and liability law)

Which of the following is an essential element of a valid contract under Belgian law?

  1. Registration with the tax authorities
  2. Consent, capacity, a lawful object and a lawful cause Correct answer.
  3. Approval by a public notary
  4. A written document signed by both parties

Explanation

The validity of a contract requires consent, capacity of the parties, a certain and lawful object, and a lawful cause. Writing and notarial approval are formalities required only for certain contracts. Registration affects enforceability or evidence, not the essential validity of the agreement.

Question 17Civil law (including family, property, contract and liability law)

A party enters a contract after being subjected to threats of physical harm. What is the legal consequence under Belgian law?

  1. The contract may be annulled on the ground of violence vitiating consent Correct answer.
  2. The contract is valid because threats do not affect consent
  3. The contract becomes valid once performed
  4. The contract is automatically void without any action

Explanation

Violence or threats vitiate consent and render the contract voidable, allowing the victim to seek annulment. The defect is not automatic nullity but a ground for rescission at the victim's request. Performance does not cure the defect.

Question 18Civil law (including family, property, contract and liability law)

Which of the following best describes the obligation of the debtor in a contractual relationship?

  1. The debtor is discharged if performance becomes inconvenient
  2. The debtor is always discharged by the creditor's silence
  3. The debtor may choose whether to perform or pay damages at will
  4. The debtor must perform the obligation as agreed or, failing that, compensate the loss Correct answer.

Explanation

A debtor is bound to perform what was agreed, and failure to do so triggers liability for the resulting loss unless a legal excuse applies. Mere inconvenience does not discharge the obligation. The creditor's silence does not generally release the debtor.

Question 19Civil law (including family, property, contract and liability law)

In Belgian liability law, which element must generally be established in addition to fault and damage?

  1. Prior criminal conviction
  2. A written admission of guilt
  3. A causal link between the fault and the damage Correct answer.
  4. Proof of the defendant's wealth

Explanation

Civil liability requires fault, damage and a causal connection between them. The causal link ensures the damage is attributable to the faulty conduct. Neither a written admission nor a criminal conviction is a general prerequisite.

Question 20Civil law (including family, property, contract and liability law)

Which statement about strict liability for defective products under Belgian law is correct?

  1. The producer is liable only if negligence is proven
  2. Only the retailer can ever be liable
  3. Liability arises only for second-hand goods
  4. The producer may be liable without proof of fault when a defect causes damage Correct answer.

Explanation

Product liability imposes liability on the producer for damage caused by a defect in the product, without requiring proof of fault. Certain defences, such as the development risk defence, may be available. Negligence need not be shown, and liability is not confined to retailers or second-hand goods.

Question 21Civil law (including family, property, contract and liability law)

A neighbour's tree overhangs a property and causes damage. Which statement best reflects Belgian neighbour law?

  1. The injured neighbour must buy the overhanging branches
  2. The owner of the tree is always liable without any condition
  3. Neighbourhood disturbances are compensated only if they exceed the ordinary inconveniences of neighbourliness Correct answer.
  4. No claim exists because trees are part of the land

Explanation

Belgian law on neighbourhood disturbances (troubles de voisinage) provides compensation when the inconvenience exceeds the normal burdens of living in proximity. Minor or ordinary annoyances are tolerated. Liability is not automatic for every overhang.

Question 22Civil law (including family, property, contract and liability law)

Which of the following statements about the termination of a contract for non-performance is correct under Belgian law?

  1. The creditor may always terminate unilaterally without judicial review
  2. Termination may be sought in court, or effected unilaterally in serious cases subject to possible review Correct answer.
  3. Termination is available only if the contract expressly provides for it
  4. Termination extinguishes all prior obligations retroactively in every case

Explanation

Belgian law permits the creditor to seek judicial termination or, in serious cases, to terminate unilaterally, with the debtor able to challenge that decision. The remedy is not limited to express clauses. The retroactive effect of termination depends on the circumstances and the court's assessment.

Question 23Civil law (including family, property, contract and liability law)

Which of the following is true regarding the transfer of a debt (cession de créance) under Belgian law?

  1. It requires the debtor's consent to be effective between the parties
  2. It is effective between assignor and assignee by agreement, and becomes opposable to the debtor upon notice Correct answer.
  3. It is void unless registered in a public register
  4. It can only be effected by a notarial deed

Explanation

The assignment of a claim operates by agreement between assignor and assignee, while opposability to the debtor requires notification or acceptance. The debtor's consent is not needed for the transfer itself. No general registration or notarial deed is required.

Question 24Civil law (including family, property, contract and liability law)

Which statement about the presumption of paternity under Belgian law is correct for a child born within marriage?

  1. The husband is presumed the father unless rebutted by contrary evidence Correct answer.
  2. Paternity is established only by DNA testing in every case
  3. Paternity depends solely on the mother's declaration
  4. The husband is never presumed the father

Explanation

A child born during a marriage is presumed to have the husband as father, a presumption that can be rebutted by evidence within the legal framework. DNA testing is one means of proof but not a universal requirement. The presumption provides certainty of filiation.

Question 25Civil law (including family, property, contract and liability law)

A testator makes a donation inter vivos that exceeds the disposable portion, leaving heirs entitled to a reserve. What remedy is available to the protected heirs?

  1. They may claim a reduction of the excessive donation Correct answer.
  2. They have no remedy once the donation is made
  3. They may have the donation declared criminal
  4. They may seize all the testator's assets without procedure

Explanation

Protected heirs may seek reduction of donations that encroach on their reserved portion, restoring the reserve. The action for reduction is the appropriate remedy. Criminal sanctions and self-help seizure are not available.

Question 26Civil law (including family, property, contract and liability law)

In Belgian contract law, which sanction applies when the object of a contract is contrary to public order?

  1. The contract remains valid but is converted into a natural obligation.
  2. The contract is valid but may be terminated unilaterally by either party at will.
  3. The contract is merely unenforceable until a court authorises performance.
  4. The contract is void absolutely, and the parties must generally be restored to their prior position. Correct answer.

Explanation

A contract whose object or cause is contrary to public order or good morals is affected by absolute nullity. Absolute nullity may be invoked by any interested party, and the court raises it of its own motion, so the contract is treated as never having existed. Restitution then follows in principle, subject to the rule that no one may rely on an unlawful act to obtain an advantage.

Question 27Civil law (including family, property, contract and liability law)

A debtor owes 10,000 euros to one creditor and 10,000 euros to another. Without any instruction from the debtor, the debtor's bank pays 10,000 euros to one of them. What is the rule on imputation of payment where the debtor has not designated the debt?

  1. The payment is imputed to the debt expressly chosen by the paying third party.
  2. The payment is imputed to the debt the debtor had the greatest interest in discharging.
  3. The payment is imputed to the oldest debt, regardless of other considerations. Correct answer.
  4. The payment is imputed proportionally across all debts owed by the debtor.

Explanation

Where the debtor has not designated which debt is being paid, the payment is imputed to the debt that is due, and among several due debts to the oldest one. The creditor cannot unilaterally impose a different imputation against the debtor's interest. A third party who pays without subrogation does not acquire the power to choose the imputation in the debtor's place.

Question 28Civil law (including family, property, contract and liability law)

Which statement correctly describes the effect of a statutory lien (privilège) granted to a creditor over the debtor's assets?

  1. It automatically extinguishes competing claims of unsecured creditors on the designated assets.
  2. It converts the creditor's personal claim into a real right over the whole patrimony of the debtor.
  3. It gives the creditor a right of preference over other creditors on the designated assets according to its rank. Correct answer.
  4. It transfers ownership of the designated assets to the creditor until the debt is paid.

Explanation

A statutory lien confers a right of preference: the preferred creditor is paid from the proceeds of the designated assets ahead of ordinary creditors, in the order fixed by law. It does not transfer ownership, which would amount to a security transfer rather than a lien. Its effect is ranking among creditors, not extinction of their underlying claims.

Question 29Civil law (including family, property, contract and liability law)

A seller and buyer conclude a sale of a specific painting without agreeing on delivery terms. When does ownership transfer under Belgian law as between the parties?

  1. Upon conclusion of the contract, by the sole consent of the parties, unless the law or the agreement provides otherwise. Correct answer.
  2. Only upon payment of the full purchase price.
  3. Only upon registration of the sale in a public register.
  4. Only upon actual physical delivery of the painting into the buyer's hands.

Explanation

Belgian law applies the principle that ownership passes by the sole effect of consent, at the moment the contract is concluded, provided the goods are ascertained. Delivery and payment are therefore not conditions for the transfer of ownership between the parties. This principle is subject to exceptions, notably for future goods and for rules on opposability to third parties.

Question 30Civil law (including family, property, contract and liability law)

A person possesses a movable in good faith and the true owner brings a claim for recovery. Which statement reflects the protection of the good-faith possessor of a movable under Belgian law?

  1. The good-faith possessor is protected and the true owner cannot recover the movable unless specific legal conditions are met. Correct answer.
  2. The good-faith possessor must always return the movable but keeps any improvements made.
  3. The good-faith possessor becomes owner automatically after one year of possession.
  4. The true owner always recovers the movable, and the possessor's good faith is irrelevant.

Explanation

For movables, the law protects the possessor in good faith: possession in good faith is treated as equivalent to title, so the true owner's revendication is limited to specific situations such as loss or theft within a defined period. Good faith is presumed and must be assessed at the time possession begins. This rule supports security of transactions in movable property.

Question 31Civil law (including family, property, contract and liability law)

Under Belgian family law, which statement about the duty of cohabitation between spouses is correct?

  1. Spouses may never reside separately, even with judicial authorisation.
  2. The duty of cohabitation ends automatically when one spouse files for divorce.
  3. The duty of cohabitation is only a moral duty without any legal effect.
  4. Spouses owe each other a duty of cohabitation, but a court may authorise separate residence in defined circumstances. Correct answer.

Explanation

Marriage creates reciprocal duties of cohabitation, fidelity, assistance and respect. Cohabitation is a legal duty, yet the law allows a court to authorise separate residence in specific situations, for instance where living together is impossible or dangerous. The duty therefore has real legal effect but is not absolute.

Question 32Civil law (including family, property, contract and liability law)

A father acknowledges a child born outside marriage. Which statement about the effect of that acknowledgment under Belgian law is correct?

  1. The acknowledgment automatically grants the father sole parental authority.
  2. The acknowledgment establishes the paternal filiation, subject to contestation by interested parties within the legal framework. Correct answer.
  3. The acknowledgment can be made only after the child reaches the age of majority.
  4. The acknowledgment has no legal effect unless the mother consents in writing.

Explanation

Acknowledgment is the voluntary act by which a man establishes his paternity of a child whose filiation is not otherwise established. It creates paternal filiation and the rights and duties attached to it, but it can be contested in the circumstances and time limits set by law. It does not by itself alter the allocation of parental authority, which is governed by separate rules.

Question 33Civil law (including family, property, contract and liability law)

Two parties conclude an agreement containing a clause fixing in advance a lump sum payable in case of breach. How does Belgian law treat such a penalty clause?

  1. It is valid in principle, and a court may reduce it where it is manifestly excessive. Correct answer.
  2. It is enforceable only where actual damage exceeds the stipulated sum.
  3. It is valid only if the lump sum is paid into a notarial escrow account.
  4. It is void in all cases because it replaces the debtor's liability.

Explanation

Penalty clauses are lawful and serve to fix in advance the compensation due for breach, relieving the creditor of proving the exact amount of loss. The judge may nevertheless reduce a manifestly excessive penalty, and in certain consumer contexts specific protective rules apply. The clause does not require the creditor to show damage exceeding the sum.

Question 34Civil law (including family, property, contract and liability law)

A tenant causes a fire in the leased dwelling through negligence. Which statement about the tenant's liability towards the landlord is correct?

  1. The tenant is never liable for fire damage because the risk belongs to the landlord as owner.
  2. The tenant is liable for damage caused by fault, and the lease rules may place a presumption of fault on the tenant for fire. Correct answer.
  3. The tenant's liability is excluded whenever an insurance policy covers the building.
  4. The tenant is liable only if the fire was caused intentionally.

Explanation

The tenant is bound to use the property as a prudent custodian and is liable for damage resulting from fault. In lease matters, statutory provisions create a presumption that a fire was caused by the tenant's fault, subject to the tenant's ability to rebut it by proving the contrary. Insurance held by the landlord does not extinguish the tenant's liability, though subrogation may affect who ultimately bears the cost.

Question 35Civil law (including family, property, contract and liability law)

Which statement correctly describes the role of the judge in interpreting a contract under Belgian law?

  1. The judge must always apply the literal meaning of the words even against the parties' clear common intention.
  2. The judge may rewrite the contract to make it economically balanced.
  3. The judge ascertains the common intention of the parties rather than stopping at the literal wording of the clauses. Correct answer.
  4. The judge may interpret the contract only if the parties expressly authorise interpretation.

Explanation

When a contract's meaning is disputed, the judge searches for the real common intention of the parties instead of clinging to the literal sense of the words. The judge interprets the contract as it stands and may not substitute a new agreement for the parties. Interpretation is a judicial function that does not require the parties' express permission.

Question 36Civil law (including family, property, contract and liability law)

A creditor holds a claim against a debtor who, in order to avoid seizure, sells assets to a relative at a clearly below-market price. Which action is available to the creditor under Belgian law?

  1. The creditor may bring a paulian action to have the transaction declared inopposable to the extent of the creditor's claim. Correct answer.
  2. The creditor may have the sale declared void absolutely against the whole world.
  3. The creditor may immediately seize the assets in the relative's hands without any judicial step.
  4. The creditor has no remedy unless the debtor is declared bankrupt.

Explanation

The paulian action allows a creditor to challenge acts by which the debtor fraudulently diminishes the patrimony available to creditors. Where the requirements are met, the act is declared inopposable to the creditor, but only up to the amount of the claim, so the transaction remains valid between the parties. Specific conditions apply, including the debtor's fraudulent intent and, depending on the case, the third party's knowledge.

Question 37Civil law (including family, property, contract and liability law)

Which of the following is a characteristic of an obligation regarded as divisible in Belgian law?

  1. It can be performed in parts, and each part may be separately enforced where the law or the agreement permits. Correct answer.
  2. It may be performed only once and in a single act.
  3. It is extinguished automatically upon partial performance.
  4. It cannot be enforced by any creditor before the entire amount is due.

Explanation

An obligation is divisible when its object can be split into parts that are each capable of separate performance without altering its substance. Divisibility matters for the application of rules on multiple debtors or creditors and for partial enforcement. Whether an obligation is divisible depends on its object and on the applicable law or agreement.

Question 38Civil law (including family, property, contract and liability law)

A debtor owes a sum of money and delays payment. Which statement about damages for late payment of a monetary debt is correct under Belgian law?

  1. Interest accrues by operation of law from the date of default, at the rate fixed by law or agreement. Correct answer.
  2. Damages require proof of the specific loss suffered beyond the late payment itself.
  3. The debtor may avoid interest by offering to pay in instalments after default.
  4. No damages are due unless the creditor sends a registered letter before any interest can accrue.

Explanation

For monetary obligations, default on a due debt triggers interest by operation of law, normally at the legal rate unless the parties agreed otherwise within legal limits. The creditor need not prove a distinct loss, since the law presumes the harm caused by delay. A mere offer of instalments after default does not retroactively erase the interest accrued.

Question 39Civil law (including family, property, contract and liability law)

Which statement correctly describes the principle of the relativity of contractual effects (effet relatif des contrats) in Belgian law?

  1. A contract binds all third parties in the same way as the contracting parties.
  2. A contract binds third parties only when it is registered in a public register.
  3. A contract binds only the parties, but certain exceptions allow third parties to invoke or be affected by it. Correct answer.
  4. A contract can never produce any effect towards a third party under any circumstance.

Explanation

The principle of relativity means that a contract creates obligations only for those who concluded it. However, the law recognises exceptions, such as stipulations for the benefit of a third party and the opposability of certain contractual situations to third parties. The principle is therefore a starting point rather than an absolute prohibition on third-party effects.

Question 40Civil law (including family, property, contract and liability law)

A person voluntarily takes charge of another's affairs without a mandate and manages them usefully. Which statement reflects the regime of negotiorum gestio (gestion d'affaires) in Belgian law?

  1. The gestor must continue the management undertaken and is liable for fault, while the principal must honour useful obligations incurred. Correct answer.
  2. The principal owes nothing to the gestor, even for necessary and useful expenses.
  3. The gestor may abandon the management at any time without any consequence.
  4. The gestor acquires ownership of the managed assets until reimbursed.

Explanation

Negotiorum gestio arises when a person intervenes prudently in another's affairs without a mandate. Once the gestor begins the management, the gestor must see it through and is answerable for fault, while the principal must reimburse necessary and useful expenses and honour obligations properly incurred. The gestor does not acquire ownership of the assets as a security.

Question 41Criminal law and criminal procedure

Under the Belgian Criminal Code, which classification divides offences according to the severity of the penalty into three categories?

  1. The distinction between public and private offences
  2. The division between intentional and negligent offences
  3. The distinction between ordinary and political offences
  4. The tripartite division into crimes, délits and contraventions Correct answer.

Explanation

Belgian criminal law traditionally classifies offences by the maximum penalty into crimes (the most serious), délits (middle category) and contraventions (minor offences). This tripartite division determines jurisdiction, limitation periods and various procedural consequences.

Question 42Criminal law and criminal procedure

Which court generally has jurisdiction to try the most serious offences (crimes) in Belgium?

  1. The labour tribunal
  2. The justice of the peace
  3. The police court
  4. The court of first instance sitting as a criminal court Correct answer.

Explanation

Serious offences are tried by the correctional chamber of the court of first instance, unless the case is sent to the assize court because of its exceptional gravity. The police court handles contraventions and the justice of the peace deals with civil and minor matters.

Question 43Criminal law and criminal procedure

What is the standard limitation period for prosecuting a crime (the most serious category of offence) under Belgian law?

  1. Thirty years from the day the offence was committed
  2. Twenty years from the day the offence was committed Correct answer.
  3. Five years from the day the offence was committed
  4. Ten years from the day the offence was committed

Explanation

The general rule sets the limitation period for crimes at twenty years running from the day the offence was committed. Shorter periods apply to délits and contraventions, and special rules exist for certain offences against minors.

Question 44Criminal law and criminal procedure

A suspect is brought before the investigating judge. What is the maximum initial duration of the arrest warrant (mandat d'arrêt) that the judge may issue?

  1. Five days
  2. Twenty-four hours
  3. One month
  4. Three days Correct answer.

Explanation

An arrest warrant issued by the investigating judge is initially valid for three days. It can subsequently be extended by the indictment chamber at periodic intervals. The initial short duration protects the suspect against prolonged detention without judicial review.

Question 45Criminal law and criminal procedure

What is the maximum duration of police custody (garde à vue) before the suspect must be brought before the investigating judge, absent specific extensions?

  1. Seventy-two hours
  2. Forty-eight hours Correct answer.
  3. Twenty-four hours
  4. Twelve hours

Explanation

A person deprived of liberty by the police may normally be held for a maximum of forty-eight hours before being brought before the investigating judge. This period protects the right to liberty and to prompt judicial control.

Question 46Criminal law and criminal procedure

Which body decides whether to commit an accused person for trial before the assize court?

  1. The assize court itself
  2. The public prosecutor's office
  3. The indictment chamber (chambre du conseil) of the court of first instance
  4. The indictment chamber (chambre des mises en accusation) of the court of appeal Correct answer.

Explanation

The committal to the assize court is decided by the indictment chamber of the court of appeal, which reviews the evidence gathered during the investigation. This provides an independent judicial filter before trial by jury.

Question 47Criminal law and criminal procedure

What is the role of the investigating judge (juge d'instruction) in Belgian criminal procedure?

  1. To conduct an impartial investigation and gather evidence both for and against the suspect Correct answer.
  2. To prosecute the accused before the trial court
  3. To defend the suspect during the pre-trial phase
  4. To decide the guilt of the accused at the end of the investigation

Explanation

The investigating judge conducts an impartial judicial investigation, collecting evidence both in favour and against the suspect. The judge does not prosecute, defend or decide guilt; those functions belong to other actors.

Question 48Criminal law and criminal procedure

Which principle holds that a criminal provision must be interpreted strictly and cannot be extended by analogy to the detriment of the accused?

  1. The principle of legality of offences and penalties Correct answer.
  2. The principle of territoriality
  3. The principle of free evaluation of evidence
  4. The principle of opportunity of prosecution

Explanation

The principle of legality requires that offences and penalties be defined by law and interpreted strictly, prohibiting extension by analogy against the accused. It is a fundamental guarantee of legal certainty and individual liberty.

Question 49Criminal law and criminal procedure

Which of the following best describes the principle of opportunity of prosecution in Belgian criminal procedure?

  1. The prosecutor must prosecute every offence that comes to light
  2. The prosecutor may decide not to prosecute, subject to certain conditions and safeguards Correct answer.
  3. The prosecutor may only prosecute offences expressly listed by the Minister of Justice
  4. The prosecutor must obtain the victim's consent before prosecuting

Explanation

Belgian criminal procedure recognises the opportunity principle, allowing the prosecutor to assess whether prosecution serves the public interest. This discretion is bounded by legal safeguards and review mechanisms.

Question 50Criminal law and criminal procedure

What is the function of the public prosecutor's office (ministère public / parket) in Belgian criminal proceedings?

  1. To supervise the execution of sentences only
  2. To represent the interests of society and direct the prosecution Correct answer.
  3. To adjudicate disputes between private parties
  4. To defend the accused at trial

Explanation

The public prosecutor's office represents society, directs the investigation and decides whether to prosecute. It does not adjudicate or defend the accused, and its role extends beyond sentence execution.