Civil Law: Foundations, Family, Property, Contract and Liability
The architecture to master
Civil law questions reward structural thinking. Begin with the sources hierarchy: the Civil Code, specific statutes (family, tenancy, consumer), and general principles such as good faith and abuse of right. Know the classification of obligations: contractual, delictual, quasi-delictual, and the special regimes.
Contract
Understand formation (offer, acceptance, cause/object lawfulness, capacity, consent free of error, fraud, violence, and lesion in limited cases), the primacy of the parties' will, and the corrective doctrines: error on a substantial element, dol, and the duty to inform. Study performance, non-performance remedies (forced performance, resolution, damages), and the effect of clauses limiting liability, which are strictly interpreted and void in consumer and certain personal-injury contexts.
Liability
Distinguish contractual from extra-contractual liability and the non-cumulation rule: outside contract, the victim cannot choose the contractual route where a contract exists. Know the elements: fault, damage, causation, and the defences (force majeure, victim's fault, third party). Note the strict liability regimes (defective products, animals, dangerous things).
Family and property
Master marriage regimes, divorce grounds and consequences, parental authority, maintenance, and succession basics (reserved shares, representation). For property, distinguish ownership, usufruct, servitudes, possession versus title, and the rules on co-ownership and boundary.
Traps
Questions often test the non-cumulation rule, the distinction between nullity and unenforceability, and whether a clause is abusive. Watch the difference between resolution and rescission, and the exact conditions of force majeure (unforeseeable, irresistible, external).
Rule of thumb
For any scenario, ask: is there a contract? If yes, stay in contract unless the harm is unrelated to performance. Then check the clause, then the remedy.