Cameroon Bar Exam key terms

A legal bond between a creditor and a debtor under which the debtor must give, do, or refrain from doing something; failure exposes the debtor to enforcement or damages.

The principle that a validly formed agreement binds the parties as their own law and may be undone only by mutual consent, statutory cause, or judicial intervention.

A formal notice by which a creditor puts the debtor on notice that performance is due, thereby fixing default and triggering interest, damages, or transfer of risk.

A defence allowing a party to suspend its own performance when the other side fails to perform, provided the two obligations arise from the same contract and suspension is proportionate.

A contractual provision fixing in advance the sum payable on breach; a judge may adjust it if manifestly excessive or derisory, unless the clause relates to a consumer or adhesion contract.

A periodic sum ordered by a judge to compel performance of a non-monetary obligation; it is provisional and may be liquidated once the obligation is performed or the delay ends.

The aptitude to hold rights (capacity of enjoyment) and to exercise them personally (capacity of exercise); minors and protected adults may be limited in the latter.

The bundle of rights and duties parents hold over the person and property of a minor child, exercised jointly in the child's interest and subject to judicial control.

The statutory or chosen rules governing the property consequences of marriage, notably community of property or separation of property, fixed at marriage and changeable only under conditions.

A periodic payment owed by one person to another on the basis of a family or legal duty of support, fixed according to the needs of the creditor and resources of the debtor.

The fullest real right: the power to use, enjoy, and dispose of a thing absolutely, subject only to laws, regulations, and the rights of others.

Factual control over a thing exercised personally or through another, accompanied by the intention to hold it as owner; it can lead to acquisition by prescription.

A temporary real right allowing one person to use and take the fruits of another's property while the bare owner retains the right to dispose of it.

The mental element required for criminal liability, whether intention, recklessness, or negligence, as defined for each offence; it must be proved beyond reasonable doubt.

The external conduct element of an offence: the act, omission, or result required by the text defining the offence, together with any specified circumstances.

An attempt to commit an offence, consisting of a beginning of execution and a failure for reasons independent of the offender's will; punishable only where the text so provides.

Participation in another's offence by aiding, abetting, instigating, or procuring, without performing the principal act; the accomplice is liable to the same penalty as the principal.

The rule that a person accused of an offence is presumed innocent until guilt is established by a final decision after a fair trial; it governs pre-trial detention and publicity.

Police custody during which a suspect is held for questioning under judicial control, subject to time limits, notification of rights, access to a lawyer, and a medical examination.

The pre-trial phase conducted by an investigating judge to gather evidence, decide on charges, and order or review detention before the case goes to trial.

The claim brought by the victim of an offence within criminal proceedings to obtain compensation for the harm suffered, alongside the public prosecution.

The rules determining which court has jurisdiction over a given subject matter, such as a tribunal de première instance, a court of appeal, or a specialised court.

The rules determining which court, among those competent by subject matter, may hear the case, normally the court of the defendant's domicile or the place of performance.

The formal document by which a claimant summons a defendant before a court, setting out the claim, its grounds, and the hearing date; it must be served by a bailiff.

The ordinary remedy by which a party asks a higher court to review and revise a first-instance judgment, within the time limit and subject to the limits set by law.

The procedures available to a creditor holding an enforceable title to obtain payment through seizure, sale, or attachment of the debtor's assets, in compliance with protective rules.

A seizure of movable property belonging to the debtor, followed by sale at auction, used to satisfy a money judgment after service of a formal command to pay.

A document recognised by law as justifying enforcement, such as a final judgment, an authentic act, or an order; it is the precondition for any forced execution.

A treaty-level text adopted by the OHADA Council of Ministers that directly applies in member states and overrides contrary national law on the matters it governs.

A business entity formed by two or more persons who agree to share profits and losses, registered in the trade and personal property credit register and enjoying legal personality.

The public register (RCCM) where traders and companies are entered and where security over movable assets is recorded; registration gives publicity and priority effects.

A decision taken by an administrative authority that modifies the legal order without the consent of those affected; it is presumed lawful until annulled and is enforceable immediately.

A judicial claim asking the administrative judge to annul an administrative act for illegality, on grounds such as lack of competence, procedural defect, or misuse of power.

An activity of general interest carried on by a public body or under its control, subject to principles of continuity, equality of users, and adaptability.

An agreement by which one person performs work under the direction and authority of another in return for remuneration, creating a subordinate legal relationship.

Termination of an employment contract at the employer's initiative, which requires a legitimate reason and compliance with notice, procedure, and severance rules.

A written agreement between employers and workers' representatives regulating working conditions, wages, and benefits; it binds covered employers and supplements individual contracts.

The duty of the advocate not to reveal confidential information learned in the practice of the profession, subject to narrowly defined legal exceptions and the client's consent.

A situation in which the advocate's personal, financial, or other interests, or duties to another client, risk impairing the independent and loyal representation of a client.

The professional body of advocates attached to a court, headed by a bâtonnier, which regulates admission, discipline, and ethical standards for its members.

The oral presentation of a party's case before a court, combining legal argument, factual narrative, and persuasive appeal, within the time allotted and the limits of propriety.

The written submissions in which a party states its claims, grounds, and evidence for the court, and which define the scope of the dispute for the judge.

A reasoned written or oral opinion given by a lawyer on a legal question, setting out the applicable rules, the risks, and practical options without binding the client.

The practice of working in both English and French legal systems within Cameroon, requiring mastery of civil-law and common-law concepts and of their official translations.

The study of different legal systems by comparing their rules and institutions, used to interpret ambiguous texts, justify reform, and bridge civil-law and common-law reasoning.

A prior court decision relied on as authority; its binding force varies, being strong under common-law stare decisis and persuasive in civil-law systems.