I85PREP
⌘ K
Belgian Notary Ranking Exam study materials
Belgian Notary Ranking Exam study resources

Belgian Notary Ranking Exam practice questions

One question at a time. Build your Belgian Notary Ranking 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 1Civil law and law of obligations

Under the Belgian Civil Code, what is the general age of majority required for a person to have full legal capacity to conclude contracts?

  1. Twenty-five years
  2. Twenty-one years
  3. Sixteen years
  4. Eighteen years Correct answer.

Explanation

Since the reform of 2001, the age of majority in Belgium is fixed at eighteen years. Upon reaching majority a person acquires full legal capacity to perform juridical acts, subject to specific protective regimes such as guardianship for protected adults.

Question 2Civil law and law of obligations

A contract is concluded between two parties, but one party was suffering from a mental disorder that made consent impossible at the moment of signing. What is the legal consequence?

  1. The contract is valid but unenforceable
  2. The contract is valid and cannot be challenged
  3. The contract is voidable on grounds of defective consent Correct answer.
  4. The contract is automatically void by operation of law

Explanation

Absence of valid consent, including consent given by a person incapable of understanding the act, renders the contract voidable rather than automatically void. The protected party or their representative may invoke the nullity, which operates to protect the vulnerable party.

Question 3Civil law and law of obligations

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

  1. A legal bond requiring performance of a prestation Correct answer.
  2. A discretionary power to terminate at will
  3. A moral duty enforceable only by social pressure
  4. A mere expectation without legal effect

Explanation

An obligation is a legal bond (vinculum juris) by which a debtor is bound to perform a prestation for a creditor. It creates enforceable rights and duties, distinguishing it from moral or purely social duties.

Question 4Civil law and law of obligations

A seller delivers a machine that works but lacks a safety guard expressly promised in the contract. Which remedy most directly addresses the creditor's right to performance in kind?

  1. Demanding specific performance of the promised obligation Correct answer.
  2. Seeking nullity of the sale
  3. Unilateral price reduction without court involvement
  4. Claiming damages only

Explanation

Where the debtor fails to perform the promised prestation, the creditor may in principle demand performance in kind, subject to exceptions such as impossibility or personal character. Damages are subsidiary or complementary to that right.

Question 5Civil law and law of obligations

What is the principal effect of a valid transfer of ownership by agreement (solo consensu) under Belgian law?

  1. Ownership passes by the mere consent of the parties Correct answer.
  2. Ownership passes only upon registration in a public register
  3. Ownership passes upon payment of the price
  4. Ownership passes only upon delivery of the goods

Explanation

Belgian law follows the consensual transfer principle: ownership of a determined thing passes from seller to buyer by the sole effect of the agreement, without delivery or payment. Delivery and payment affect risk and enforcement rather than the transfer itself.

Question 6Civil law and law of obligations

A debtor owes a sum of money but fails to pay on the due date. What is the default rule regarding interest for late payment in a civil obligation?

  1. Interest accrues only after a formal summons in all cases
  2. Interest accrues automatically from the due date for monetary obligations Correct answer.
  3. No interest is due unless a penalty clause exists
  4. Interest is prohibited as usurious

Explanation

For monetary obligations, the new Book 5 of the Civil Code provides that late-payment interest accrues automatically from the due date, without need for a reminder. This reflects the specific regime for pecuniary obligations.

Question 7Civil law and law of obligations

Which concept describes the situation where a debtor is excused from liability because performance became impossible due to an unforeseeable and irresistible event?

  1. Culpa in contrahendo
  2. Exceptio non adimpleti contractus
  3. Force majeure Correct answer.
  4. Mora debitoris

Explanation

Force majeure (overmacht) is an external, unforeseeable and irresistible event that makes performance impossible and relieves the debtor from liability. The 2019 reform of contract law codified this notion in the Civil Code.

Question 8Civil law and law of obligations

Two parties conclude a contract that is seriously unbalanced because one party exploited the other's state of dependency. Which doctrine is most relevant?

  1. Abuse of circumstances (misbruik van omstandigheden) Correct answer.
  2. Error in the substance
  3. Simulation
  4. Lesion

Explanation

Abuse of circumstances allows annulment where a party exploits the weakness, dependency or ignorance of the other to obtain a manifestly disproportionate advantage. It was codified in the 2019 contract law reform.

Question 9Civil law and law of obligations

What is the effect of a resolutory condition in a contract?

  1. The contract becomes void from the outset
  2. The contract is suspended until the condition occurs
  3. The contract is converted into a unilateral promise
  4. The contract is retroactively annulled when the condition occurs Correct answer.

Explanation

A resolutory condition causes the contract to be resolved retroactively when the uncertain future event occurs, restoring the parties to their prior position. This differs from a suspensive condition, which delays the formation of the obligation.

Question 10Civil law and law of obligations

A creditor assigns a claim to a third party. Under Belgian law, when does the assignment become enforceable against the debtor?

  1. Upon payment of the assigned debt
  2. Upon notification to or acceptance by the debtor Correct answer.
  3. Upon mere agreement between assignor and assignee
  4. Upon registration in a public register

Explanation

The assignment of claim is effective between assignor and assignee by agreement, but becomes opposable to the debtor only through notification or the debtor's acceptance. Until then, the debtor may validly pay the original creditor.

Question 11Civil law and law of obligations

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

  1. A written document signed by both parties
  2. Approval by a notary
  3. Registration with the tax authority
  4. Free and informed consent Correct answer.

Explanation

The essential validity requirements are consent, capacity, a determined or determinable object and a lawful cause. Free and informed consent is therefore indispensable, whereas writing, notarial deeds and registration are formalities required only in specific cases.

Question 12Civil law and law of obligations

A buyer discovers a hidden defect in a purchased good that renders it unfit for its intended use. Which action is available under the warranty for latent defects?

  1. Interdictum prohibitorium to stop construction
  2. Actio communi dividundo to divide the property
  3. Actio redhibitoria for rescission or a price reduction Correct answer.
  4. Actio pauliana to revoke the sale

Explanation

The warranty for latent defects allows the buyer to choose between rescission of the sale (actio redhibitoria) and a reduction of the price (actio quanti minoris), plus damages where the seller acted in bad faith. The defect must be hidden, serious and pre-existing.

Question 13Civil law and law of obligations

What is the principal characteristic of a real obligation (obligation propter rem)?

  1. It is attached to a person regardless of property ownership
  2. It can only be created by a notarial deed
  3. It is attached to the ownership of a thing and follows the thing Correct answer.
  4. It extinguishes automatically upon transfer of the thing

Explanation

A real obligation is linked to the ownership or possession of a thing and passes with it to successive owners, who are bound by virtue of their title to the property. Examples include certain charges and obligations of co-owners in a building.

Question 14Civil law and law of obligations

A party refuses to perform a reciprocal contract while the other party has not yet performed its own obligation. Which defence may be invoked?

  1. The exceptio non adimpleti contractus Correct answer.
  2. The beneficium excussionis
  3. The beneficium inventarii
  4. The exceptio doli specialis

Explanation

The exceptio non adimpleti contractus allows a party in a synallagmatic contract to suspend performance as long as the other party has not performed its reciprocal obligation. It is a temporary defence aimed at maintaining contractual equilibrium.

Question 15Civil law and law of obligations

What is the consequence of a contract that is contrary to public order?

  1. The contract is absolutely void Correct answer.
  2. The contract is voidable at the request of one party
  3. The contract remains valid if both parties agree
  4. The contract is valid but subject to a penalty

Explanation

Contracts whose object or cause is contrary to public order or good morals are absolutely void. Absolute nullity may be invoked by any interested party and cannot be cured by the parties' agreement.

Question 16Civil law and law of obligations

A debtor validly performs a payment to a creditor who is not the true creditor, but the debtor was misled by an apparent mandate. Under what condition may the debtor be discharged?

  1. Only if the true creditor ratifies the payment
  2. Never, because payment to a non-creditor is always ineffective
  3. Only if the amount is below a statutory threshold
  4. If the payment was made in good faith to an apparent creditor Correct answer.

Explanation

Payment to an apparent creditor discharges the debtor if the circumstances reasonably justified the belief that the recipient was the creditor, and the debtor acted in good faith. This protects the security of payment transactions.

Question 17Civil law and law of obligations

What distinguishes a suspensive condition from a term (dies)?

  1. The condition depends on an uncertain event, the term on a certain event Correct answer.
  2. There is no legal distinction between them
  3. The condition suspends ownership transfer, the term suspends validity
  4. The condition is always written, the term is oral

Explanation

A condition depends on a future and uncertain event, whereas a term depends on a future but certain event, such as a fixed date. Both may suspend or resolve obligations, but only the condition introduces uncertainty about whether the event will occur.

Question 18Civil law and law of obligations

A person voluntarily manages the affairs of another without a mandate. Which regime governs this situation?

  1. Mandate
  2. Quasi-delict
  3. Negotiorum gestio Correct answer.
  4. Unjust enrichment

Explanation

Negotiorum gestio (zaakwaarneming) applies when a person usefully and reasonably manages another's affairs without a mandate, creating obligations for the gestor and the principal. It is distinct from mandate, which requires agreement.

Question 19Civil law and law of obligations

What is the effect of the actio pauliana (revocatory action) available to creditors?

  1. It annuls the debtor's marriage
  2. It revokes acts of the debtor that harm creditors' rights Correct answer.
  3. It transfers the debtor's assets to the creditor
  4. It forces the debtor to pay immediately

Explanation

The actio pauliana allows a creditor to have acts declared unenforceable against them where the debtor acted to the prejudice of creditors, with knowledge of that prejudice and, in some cases, fraud. It does not create a right of preference but restores the debtor's patrimony.

Question 20Civil law and law of obligations

Which of the following best describes the principle of privity of contract?

  1. Contracts bind all third parties automatically
  2. Contracts bind only the notary who drafted them
  3. Contracts bind only the parties who concluded them, subject to exceptions Correct answer.
  4. Contracts must be registered to bind anyone

Explanation

Privity of contract means that a contract creates rights and obligations only for the contracting parties, unless the law provides otherwise. Exceptions include stipulations for the benefit of a third party and certain statutory extensions.

Question 21Civil law and law of obligations

A contract contains an exemption clause excluding all liability for intentional fault. How is such a clause treated?

  1. It is valid only if signed before a notary
  2. It is valid because freedom of contract prevails
  3. It is void because one cannot exclude liability for intentional fault Correct answer.
  4. It is valid only for commercial contracts

Explanation

Under Belgian law, clauses excluding or limiting liability for one's own intentional fault or gross negligence are void, because they undermine the essential duty of good faith. The 2019 reform confirms this limit on contractual freedom.

Question 22Civil law and law of obligations

What is the legal nature of a stipulation for the benefit of a third party (beding ten behoeve van een derde)?

  1. It is a mandate given to a third party
  2. It is a donation requiring notarial form
  3. It is an assignment of debt
  4. It is a contract that gives a third party a direct right against the promisor Correct answer.

Explanation

A stipulation for a third party allows the contracting parties to grant the beneficiary a direct right to performance against the promisor. The third party's acceptance is generally not required to create the right, though it may be relevant for its exercise.

Question 23Civil law and law of obligations

Which remedy allows a creditor to obtain compensation for the loss suffered due to the debtor's non-performance?

  1. Specific performance
  2. Rescission
  3. Damages (schadevergoeding) Correct answer.
  4. Nullity

Explanation

Damages aim to place the creditor in the position they would have been in had the obligation been performed, covering loss and lost profit. They require proof of damage, fault and causal link, and may be combined with other remedies where appropriate.

Question 24Civil law and law of obligations

A debtor is in default and the obligation becomes impossible due to an event that would not have affected timely performance. What is the consequence?

  1. The debtor is released because performance became impossible
  2. The debtor is liable only for half the damage
  3. The debtor remains liable because the impossibility occurred during default Correct answer.
  4. The debtor is released only if the creditor agrees

Explanation

Once the debtor is in default, they bear the risk of impossibility unless they prove that the impossibility would have occurred even with timely performance. Default shifts the risk of supervening events onto the debtor.

Question 25Civil law and law of obligations

What is the principal effect of a penalty clause (strafbeding) in a contract?

  1. It transfers ownership to the creditor upon breach
  2. It fixes in advance the damages payable upon breach Correct answer.
  3. It renders the contract void if breached
  4. It suspends the contract until the penalty is paid

Explanation

A penalty clause determines in advance the amount of damages owed in case of non-performance, providing certainty and deterrence. Courts may reduce a manifestly excessive penalty under the statutory power of moderation.

Question 26Civil law and law of obligations

Under Belgian law, which event marks the starting point for the running of the limitation period (verjaring) of a contractual claim for damages?

  1. The date on which the debtor formally acknowledges the debt
  2. The date on which the contract was concluded
  3. The date of the first reminder letter sent by the creditor
  4. The date on which the creditor became aware, or should reasonably have become aware, of the damage and of the person liable Correct answer.

Explanation

Since the 2019 reform of the Civil Code, the limitation period of contractual claims generally starts to run when the creditor knows or ought reasonably to know the damage and the identity of the person liable, subject to an absolute cut-off period. Mere conclusion of the contract or a reminder does not trigger the period, because the creditor cannot yet sue. Acknowledgment interrupts rather than starts the period.

Question 27Civil law and law of obligations

A minor aged sixteen concludes a lease agreement without the assistance of a legal representative. What is the status of that contract under Belgian law?

  1. The contract is fully valid because a minor may conclude any contract of everyday life
  2. The contract is automatically void and cannot be confirmed
  3. The contract is voidable, and rescission may be sought by the minor or the legal representative Correct answer.
  4. The contract is valid but only binds the minor and not the landlord

Explanation

Contracts concluded by an unassisted minor are generally voidable (vernietigbaar) rather than automatically void. Rescission may be claimed by the minor or by the legal representative, and the contract can also be confirmed once the minor reaches majority. This protective regime differs from absolute nullity, which operates automatically.

Question 28Civil law and law of obligations

Which obligation is imposed on a seller by the legal warranty against eviction (vrijwaring wegens uitwinning)?

  1. To deliver the good within a fixed statutory deadline
  2. To repair any physical defect discovered after delivery
  3. To indemnify the buyer if a third party lawfully deprives the buyer of the good by asserting a superior right Correct answer.
  4. To repurchase the good at the original price if the buyer changes their mind

Explanation

The warranty against eviction protects the buyer against the risk that a third party with a superior legal right recovers the good. The seller must indemnify the buyer for the resulting loss and, in some cases, for the price and costs. It is distinct from the warranty for hidden defects, which concerns the physical condition of the good.

Question 29Civil law and law of obligations

A creditor demands performance from a debtor whose obligation is subject to a suspensive condition that has not yet been fulfilled. What is the debtor's position?

  1. The debtor must perform only if the creditor offers a guarantee
  2. The debtor may refuse performance until the condition is fulfilled, but the obligation exists provisionally Correct answer.
  3. The debtor is definitively released from the obligation
  4. The debtor must perform immediately because the contract already exists

Explanation

Pending fulfilment of a suspensive condition, the obligation exists but is not yet enforceable. The debtor may lawfully refuse performance until the event occurs, and the creditor holds a conditional right that is protected against frustration of the condition. Once fulfilled, the obligation becomes enforceable, generally with retroactive effect between the parties.

Question 30Civil law and law of obligations

What is the defining characteristic of a joint and several obligation (hoofdelijke verbintenis) among co-debtors?

  1. Each co-debtor owes only a proportionate share and may invoke the division of the debt
  2. The co-debtors must all be sued together in a single action
  3. The debt automatically passes to the heirs of the first co-debtor to die
  4. The creditor may claim the entire debt from any one co-debtor, and payment by one discharges all Correct answer.

Explanation

In a joint and several obligation, each co-debtor is liable for the whole debt and the creditor may pursue any of them for the full amount. Payment by one co-debtor extinguishes the obligation towards the creditor, who then may not claim again from the others. Joint and several liability arises only where provided by law or agreed by the parties.

Question 31Civil law and law of obligations

A debtor offers a different performance than the one agreed, and the creditor accepts it. What is the legal effect of this acceptance?

  1. The creditor is deemed to have waived all future claims against the debtor
  2. The substitution is void unless approved by a notary
  3. The original obligation remains entirely unaffected
  4. The obligation is extinguished by datio in solutum (performance in substitution) Correct answer.

Explanation

When a creditor accepts a performance other than the one due, the obligation is discharged by datio in solutum, also called substituted performance. The acceptance must be voluntary and the substitute performance must actually be rendered. This extinguishes the debt just as ordinary payment would.

Question 32Civil law and law of obligations

What is the effect of a clause that fixes in advance a lump sum payable upon non-performance, where the actual damage is far lower?

  1. The clause is void because penalties must equal actual damage
  2. The penalty is automatically converted into specific performance
  3. The creditor may claim the penalty but a court may reduce it if it is manifestly excessive Correct answer.
  4. The creditor may claim both the penalty and full damages for the same breach

Explanation

A penalty clause fixes the compensation due for breach and relieves the creditor from proving damage. However, the judge may reduce a manifestly excessive penalty at the debtor's request, and may increase a derisory one in limited cases. The creditor cannot cumulate the penalty with damages for the same breach.

Question 33Civil law and law of obligations

A party transfers ownership of a movable good to another by agreement alone, without delivery. Which principle explains that ownership passes at the moment of the agreement?

  1. The principle of priority of possession
  2. The principle of causa traditionis
  3. The principle of registration of title
  4. The principle of consensual transfer of ownership (solo consensu) Correct answer.

Explanation

Belgian law follows the consensual principle: ownership of a determined good passes from seller to buyer as soon as the contract of sale is concluded, without a separate act of delivery. Delivery remains relevant for opposability to third parties in certain cases. This contrasts with systems requiring traditio for the transfer of ownership.

Question 34Civil law and law of obligations

A creditor wishes to attach property that the debtor has fraudulently transferred to a third party in order to defraud creditors. Which conditions must the creditor establish for the actio pauliana to succeed?

  1. That the third party acted in good faith and paid a fair price
  2. An act causing prejudice to creditors, fraud by the debtor, and knowledge of the fraud by the third party in onerous transactions Correct answer.
  3. Only that the debtor is insolvent, regardless of the third party's knowledge
  4. Only that the transfer occurred after the debt arose

Explanation

The revocatory action requires a prejudicial act by the debtor, an intention to defraud creditors, and, for onerous transactions, knowledge of the fraud by the third party. In gratuitous transactions the third party's bad faith is generally not required. The action does not create a new debt but renders the transfer ineffective as against the attacking creditor.

Question 35Civil law and law of obligations

What distinguishes a mandate (lastgeving) from a contract of employment (arbeidsovereenkomst)?

  1. A mandate is a contract to perform juridical acts for another, whereas an employment contract concerns work performed under the authority of an employer Correct answer.
  2. A mandate transfers ownership of the goods entrusted, whereas employment does not
  3. A mandate must be concluded in writing, whereas an employment contract may be oral
  4. A mandate is always remunerated, whereas employment is always gratuitous

Explanation

A mandate is the contract by which one person agrees to perform one or more juridical acts on behalf of another, and it may be gratuitous or remunerated. An employment contract concerns the performance of work under the authority and direction of an employer for remuneration. The essential distinction lies in the nature of the activity and the presence of subordination.

Question 36Civil law and law of obligations

A person receives a payment to which they are not entitled, and the true creditor demands restitution. Which regime applies?

  1. Delictual liability, because the recipient committed a fault
  2. Undue payment (onverschuldigde betaling), allowing restitution of what was received without legal cause Correct answer.
  3. The actio pauliana, because the transfer prejudiced creditors
  4. Unjust enrichment (zaakwaarneming), because there is no contract

Explanation

A payment made without a legal cause may be recovered under the regime of undue payment (condictio indebiti). The recipient must restore what was received, subject to protection if they acted in good faith and the thing has been consumed. Unjust enrichment is subsidiary and applies only where no other remedy, such as undue payment, is available.

Question 37Civil law and law of obligations

What is the principal effect of a clause limiting liability to a fixed maximum amount, where the debtor commits an intentional fault?

  1. The limitation is unenforceable to the extent it excludes or limits liability for intentional fault Correct answer.
  2. The limitation applies fully because the parties freely agreed to it
  3. The limitation converts the obligation into a merely moral duty
  4. The limitation is valid but only for the first year after delivery

Explanation

Under Belgian law, clauses that exclude or limit liability for one's own intentional fault (and generally for gross negligence) are unenforceable. The rationale is that such clauses would undermine the binding force of contractual obligations. The clause remains valid for ordinary negligence unless statute provides otherwise.

Question 38Civil law and law of obligations

A creditor holds a claim against a debtor who also owes money to several other creditors. What does the principle of equal treatment of creditors (paritas creditorum) mean?

  1. All creditors share proportionally in the debtor's assets regardless of any security they hold
  2. Secured creditors are excluded from the distribution of assets
  3. Unsecured creditors rank equally, but lawful preferences and securities may give some creditors priority Correct answer.
  4. The first creditor to obtain a judgment always ranks first

Explanation

The paritas creditorum principle means that unsecured creditors have an equal claim on the debtor's general assets, but this is subject to lawful preferences such as pledges, mortgages, and statutory privileges. Secured creditors therefore may be paid in priority from the encumbered property. The principle governs the position of ordinary creditors among themselves.

Question 39Civil law and law of obligations

What is required for a valid offer and acceptance to form a contract under Belgian law?

  1. A notarial deed in all cases
  2. Approval by a public authority
  3. Payment of a deposit by the offeree
  4. A firm offer containing the essential elements and an acceptance that mirrors it Correct answer.

Explanation

A contract is formed by the meeting of a firm offer and an acceptance that corresponds to it on the essential elements. General freedom of form applies, so no notarial deed is required unless the law prescribes a solemn form for a particular contract. A deposit or public approval is not a general condition of contractual formation.

Question 40Civil law and law of obligations

A debtor is confronted with a claim that has been assigned to a third party, but the debtor was not notified of the assignment. To whom may the debtor validly pay?

  1. To neither party until a court determines the rightful creditor
  2. Only to a notary designated by the assignee
  3. Only to the assignee, because the assignment transfers the claim immediately
  4. To the original creditor, whose receipt discharges the debtor until the assignment is made opposable Correct answer.

Explanation

Between the parties, an assignment of claim takes effect immediately, but it becomes opposable to the debtor only through notification or the debtor's acknowledgment. Until then, payment to the original creditor discharges the debtor. Once the assignment is made opposable, the debtor must pay the assignee.

Question 41Family law and matrimonial property regimes

Under the Belgian Civil Code, which marriage impediment renders a marriage absolutely void rather than merely voidable?

  1. Failure to celebrate the marriage before the competent civil registrar
  2. Absence of the required publication of the banns
  3. Lack of parental consent for a minor spouse
  4. The existence of a prior undissolved marriage of one of the spouses Correct answer.

Explanation

Bigamy is a ground of absolute nullity because it offends public policy and the fundamental monogamous structure of marriage. The other defects listed are procedural or protective formalities whose breach generally leads to a different sanction or is curable.

Question 42Family law and matrimonial property regimes

In the Belgian statutory matrimonial property regime, property acquired by a spouse through inheritance during the marriage is classified as:

  1. Property held in undivided co-ownership
  2. Own property of that spouse Correct answer.
  3. Joint property subject to equal division
  4. Community property of both spouses

Explanation

Under the legal regime, acquisitions for valuable consideration during the marriage are generally community property, but gifts and inheritances accrue to the receiving spouse as own property. The rationale is that gratuitous acquisitions are personal to the beneficiary.

Question 43Family law and matrimonial property regimes

What is the minimum age at which a person may generally contract marriage under Belgian law?

  1. 16 years
  2. 15 years with judicial authorization
  3. 18 years Correct answer.
  4. 21 years

Explanation

Belgian law sets the age of marriage at eighteen, aligning it with full civil capacity. Earlier exceptions for minors have been abolished, so no judicial dispensation lowers the threshold.

Question 44Family law and matrimonial property regimes

Which of the following is a defining characteristic of the legal regime of separation of property?

  1. Property acquired during marriage is presumed community
  2. All income from work automatically becomes common
  3. Each spouse retains ownership and administration of their own assets Correct answer.
  4. Debts incurred for the household bind both spouses' own property equally

Explanation

Separation of property keeps the spouses' patrimonies distinct, so each administers and owns their own assets. Contributions between spouses may create claims, but ownership does not merge.

Question 45Family law and matrimonial property regimes

A spouse wishes to accept an inheritance that carries debts exceeding its value. Which declaration protects that spouse's own patrimony?

  1. A declaration of acceptance under benefit of inventory Correct answer.
  2. A declaration of merger of the estate
  3. A declaration of renunciation of the succession
  4. A declaration of presumed acceptance

Explanation

Acceptance under benefit of inventory keeps the heir's liability limited to the value of the estate, shielding personal assets. Renunciation avoids the succession entirely rather than limiting liability.

Question 46Family law and matrimonial property regimes

Which form of marriage dissolution requires a prior judicial decision in Belgian law?

  1. Dissolution by death
  2. Divorce on the ground of irreparable breakdown Correct answer.
  3. Dissolution by a subsequent valid marriage
  4. Divorce by mutual consent

Explanation

Divorce for irreparable breakdown is pronounced by the court after the statutory procedure. Mutual consent may in certain configurations be registered without a full contested judgment, but breakdown always requires judicial pronouncement.

Question 47Family law and matrimonial property regimes

What is the primary purpose of the statutory family home protection rules?

  1. To exempt the home from all inheritance tax
  2. To convert the family home into community property
  3. To prevent one spouse from disposing of the family residence without the other's consent Correct answer.
  4. To grant the surviving spouse full ownership of the home automatically

Explanation

The protection rules require the consent of both spouses for acts of disposal concerning the family residence. This safeguards the family's housing stability regardless of which spouse owns the property.

Question 48Family law and matrimonial property regimes

A married couple under the legal regime wants to change their matrimonial property regime. What is generally required?

  1. A declaration before the civil registrar of their municipality
  2. A simple written agreement between the spouses
  3. A notarial deed followed by registration in the registers Correct answer.
  4. A court judgment approving the change

Explanation

A change of matrimonial property regime must be recorded in a notarial deed and made public through registration. The formalities protect third parties and ensure legal certainty.

Question 49Family law and matrimonial property regimes

Under the legal community regime, a debt incurred by one spouse for the household's ordinary needs is:

  1. A community debt that binds the community assets Correct answer.
  2. A debt that binds only the other spouse's own property
  3. Exclusively the personal debt of the incurring spouse
  4. A debt that is void unless both spouses co-sign

Explanation

Debts contracted for household needs and the education of children are community debts chargeable to community assets. This reflects the shared purpose of such expenditure, even when only one spouse contracts it.

Question 50Family law and matrimonial property regimes

A spouse under the legal regime receives a gift of money during the marriage and uses it to buy a car. The car is in principle:

  1. Community property because it was acquired during marriage
  2. Joint property held in undivided shares
  3. Property of the donor until the spouse's death
  4. Own property of that spouse, subject to reimbursement rules Correct answer.

Explanation

Subrogation preserves the own character of property acquired with own funds, so a car bought with gifted money remains own property. Reimbursement rules may apply to the community if community funds were mixed in.