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JBA Admission Exam practice questions

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Question 1Constitutional Law

Japan's Constitution is formally classified as which type of constitution?

  1. An uncodified constitution based on convention
  2. A purely customary constitution without written text
  3. A rigid, codified constitution Correct answer.
  4. A flexible constitution amendable by ordinary statute

Explanation

The Constitution of Japan is a single written document whose amendment requires a special procedure under Article 96, making it both codified and rigid. Ordinary legislation cannot alter it, which distinguishes it from flexible constitutions.

Question 2Constitutional Law

Under Article 96, a constitutional amendment requires which combination?

  1. A majority in each house and approval by the Cabinet
  2. A two-thirds concurring vote in each house and a majority in a national referendum Correct answer.
  3. Approval by the Supreme Court followed by a simple parliamentary majority
  4. A three-quarters vote in the House of Representatives alone

Explanation

Article 96 requires the concurrence of two-thirds or more of all members of each house, followed by submission to the people for approval by a majority of votes cast in a referendum. The Emperor then promulgates the amendment as part of the sovereign people's will.

Question 3Constitutional Law

Article 9 of the Constitution renounces war and prohibits Japan from maintaining what?

  1. Coast guard vessels for maritime patrol
  2. Defensive alliances with other states
  3. Any police force for domestic order
  4. Land, sea, and air forces as well as other war potential Correct answer.

Explanation

Article 9, paragraph 2 states that land, sea, and air forces, as well as other war potential, will never be maintained. The provision does not forbid domestic police or the right of self-defense as interpreted by the government.

Question 4Constitutional Law

The principle of popular sovereignty in the Constitution is expressed most directly in which provision?

  1. Article 1's statement that the Emperor derives his position from the will of the people
  2. The Preamble's declaration that sovereign power resides with the people Correct answer.
  3. Article 76's vesting of judicial power in the courts
  4. Article 41's designation of the Diet as the highest organ of state power

Explanation

The Preamble proclaims that sovereign power resides with the people and that governmental authority is exercised through their representatives. Article 1 confirms the Emperor's status is derived from that popular will, but the foundational declaration appears in the Preamble.

Question 5Constitutional Law

Which body does Article 41 designate as the highest organ of state power and the sole law-making organ of the State?

  1. The Cabinet
  2. The Supreme Court
  3. The House of Councillors
  4. The Diet Correct answer.

Explanation

Article 41 states that the Diet shall be the highest organ of state power and shall be the sole law-making organ of the State. This establishes parliamentary supremacy within the constitutional framework.

Question 6Constitutional Law

The Emperor's performance of acts in matters of state under Article 7 requires what?

  1. A prior resolution of the House of Representatives
  2. Approval by the Supreme Court
  3. Advice and approval of the Cabinet Correct answer.
  4. A national referendum

Explanation

Article 7 provides that the Emperor, with the advice and approval of the Cabinet, performs enumerated acts in matters of state on behalf of the people. The Emperor has no powers related to government of the state.

Question 7Constitutional Law

Article 14 of the Constitution prohibits discrimination based on which enumerated grounds?

  1. Nationality and language only
  2. Political opinion and property only
  3. Sex and social status only
  4. Race, creed, sex, social status, or family origin Correct answer.

Explanation

Article 14 provides that all people are equal under the law and that there shall be no discrimination in political, economic, or social relations because of race, creed, sex, social status, or family origin. The list is illustrative of protected characteristics but these are the ones expressly named.

Question 8Constitutional Law

A city ordinance requires all residents to submit a monthly report of their reading habits to the municipal library, with criminal penalties for noncompliance. A resident challenges the ordinance as violating Article 13. Which analysis is most consistent with Japanese constitutional doctrine?

  1. The ordinance is invalid because Article 13 protects the pursuit of happiness and privacy from unnecessary state intrusion Correct answer.
  2. The ordinance is valid because Article 13 protects only economic liberties
  3. The ordinance is invalid because only the Diet may regulate reading
  4. The ordinance is valid because local governments may define new fundamental rights

Explanation

Article 13 protects the people's right to life, liberty, and the pursuit of happiness, and courts have derived privacy and self-determination interests from it. A compulsory reporting scheme intruding on reading choices without necessity fails the proportionality reasoning used in cases such as the 1969 Kyoto University case.

Question 9Constitutional Law

A prefectural government requires a public employee to obtain permission before marrying. The employee argues the rule violates Article 24. How should a court most likely rule?

  1. Uphold the rule because marriage is a statutory privilege
  2. Strike down the rule because Article 24 grants a right to divorce
  3. Uphold the rule because Article 24 binds only private parties
  4. Strike down the rule because the freedom to marry is protected and restrictions require strict scrutiny Correct answer.

Explanation

Article 24 protects the freedom to marry as an individual right, and the Supreme Court has applied heightened scrutiny to restrictions on that freedom, as in the 2000 case on a local rule requiring permission for marriage. The right is held by individuals and cannot be curtailed without compelling justification.

Question 10Constitutional Law

A newspaper publishes an article about a politician's alleged misuse of public funds. The politician sues for defamation. What standard governs the newspaper's liability under Japanese constitutional doctrine?

  1. The newspaper is immune from suit because press freedom is absolute
  2. The newspaper is liable unless it proves the statement was true when the plaintiff is a public official and the matter is public Correct answer.
  3. The newspaper is strictly liable because publication caused reputational harm
  4. The newspaper is liable only if it acted with actual malice regardless of the plaintiff's status

Explanation

In the 1966 Evening Wakayama case, the Supreme Court recognized that defamatory statements on matters of public concern may be excused when they are true and serve the public interest, and that a public official plaintiff bears a heightened burden. Press freedom under Article 21 interacts with Article 13's protection of reputation through this balancing approach.

Question 11Constitutional Law

A candidate for the House of Representatives is denied access to a publicly owned hall that is available for rent to other groups. He challenges the refusal under Article 21. Which principle is most relevant?

  1. The public forum doctrine, under which access to publicly owned facilities for political speech may not be denied discriminatorily Correct answer.
  2. The doctrine of legislative immunity
  3. The principle of judicial restraint
  4. The doctrine of sovereign immunity

Explanation

Japanese courts have recognized that publicly owned facilities open to general use cannot arbitrarily exclude political speech, drawing on the public forum concept as in the 1970s cases on municipal halls. Discriminatory denial of access to a public facility for election-related speech burdens freedom of expression without adequate justification.

Question 12Constitutional Law

During a lawful demonstration, police detain a participant for several hours without charges. Which constitutional provision is most directly implicated?

  1. Article 29, protection of property rights
  2. Article 26, the right to education
  3. Article 31, procedural safeguards against deprivation of life or liberty Correct answer.
  4. Article 20, freedom of religion

Explanation

Article 31 guarantees that no person shall be deprived of life or liberty, nor shall any criminal penalty be imposed, except according to procedure established by law. Detention without charges implicates this procedural due process guarantee, which courts have read to require adequate safeguards.

Question 13Constitutional Law

A statute requires that a person be detained for questioning by prosecutors for up to 72 hours before a judge reviews the detention. Which Article 31 and Article 34 concern is most significant?

  1. The statute is valid because detention for questioning is not a deprivation of liberty
  2. The statute is valid because prosecutors are not police officers
  3. The statute is suspect because judicial review of detention must occur promptly and the person must be informed of the charge Correct answer.
  4. The statute is valid because the Diet may define any procedure it chooses

Explanation

Article 34 guarantees that no person shall be arrested or detained without being at once informed of the charges or without the immediate privilege of counsel, and Article 31 requires lawful procedure. Courts have scrutinized prolonged pre-charge detention, and the Constitution contemplates prompt judicial control.

Question 14Constitutional Law

A defendant is tried in a courtroom where members of the public are excluded from the entire proceeding without any statutory basis. Which constitutional guarantee is violated?

  1. Article 39, prohibition of double jeopardy
  2. Article 37, right to counsel
  3. Article 82, public trial Correct answer.
  4. Article 76, independence of judges

Explanation

Article 82 provides that trials shall be conducted and judgment declared publicly, and that where a court unanimously determines publicity to be dangerous to public order or morals, a trial may be closed but judgment must always be given publicly. Exclusion without statutory basis violates this guarantee.

Question 15Constitutional Law

Which statement best describes the constitutional position of the Cabinet's collective responsibility?

  1. The Cabinet is responsible to the Supreme Court for its legal interpretations
  2. The Cabinet is collectively responsible to the Diet, and the House of Representatives may pass a no-confidence resolution Correct answer.
  3. The Cabinet is responsible only to the House of Councillors
  4. The Cabinet is responsible to the Emperor and may dissolve the Diet at will

Explanation

Article 66 states that the Cabinet is collectively responsible to the Diet, and Article 69 provides that if the House of Representatives passes a no-confidence resolution, the Cabinet must resign within ten days unless the House is dissolved. This reflects parliamentary government.

Question 16Constitutional Law

A member of the House of Councillors makes a speech on the floor accusing a private company of fraud. The company sues for defamation. What is the member's constitutional defense?

  1. Article 51 provides that members of both Houses shall not be liable outside the House for speeches made in the House Correct answer.
  2. Article 19 protects freedom of thought and conscience
  3. Article 50 provides immunity from arrest during the session
  4. Article 21 protects all speech absolutely

Explanation

Article 51 grants members of both Houses freedom from liability outside the House for speeches, debates, or votes in the House. This parliamentary privilege protects legislative deliberation from civil or criminal suit, though it does not extend to statements made outside the chamber.

Question 17Constitutional Law

A law restricts the sale of obscene materials. A bookseller challenges it under Article 21. How have Japanese courts generally approached obscenity regulation?

  1. Obscenity is fully protected expression and may not be regulated
  2. Obscenity regulation is a matter for local governments exclusively
  3. Obscenity may be regulated because it is considered to lack the value protected by Article 21 Correct answer.
  4. Obscenity regulation is valid only if approved by referendum

Explanation

In the 1957 Lady Chatterley's Lover case, the Supreme Court upheld obscenity regulation on the view that obscene expression lacks the social value that Article 21 protects. The concept of obscenity is judged by contemporary community standards, and the regulation must be narrowly framed.

Question 18Constitutional Law

A person is prosecuted twice for the same act after an acquittal becomes final. Which constitutional provision bars the second prosecution?

  1. Article 39, prohibition of double jeopardy Correct answer.
  2. Article 38, protection against self-incrimination
  3. Article 36, prohibition of torture
  4. Article 33, protection against unlawful arrest

Explanation

Article 39 provides that no person shall be held criminally liable for an act which was lawful at the time it was committed, or of which he has been acquitted, nor shall he be placed in double jeopardy. A final acquittal therefore bars reprosecution for the same act.

Question 19Constitutional Law

A citizen argues that a statute requiring a license to operate a restaurant violates Article 22's freedom to choose an occupation. Which standard best reflects judicial practice?

  1. Regulation is permissible only if the Diet has declared an emergency
  2. Any regulation of occupation is per se unconstitutional
  3. Regulation is permissible only if it is the least restrictive means possible in all cases
  4. Regulation is permissible if it serves a public welfare purpose and the restriction is reasonably necessary Correct answer.

Explanation

The Supreme Court has generally reviewed occupational restrictions under a reasonableness standard, asking whether the regulation serves the public welfare and whether the means are reasonably necessary, as in cases on pharmacy licensing and public bathhouse distances. Only when the regulation reaches the core of occupational freedom does stricter scrutiny apply.

Question 20Constitutional Law

A prefectural ordinance imposes a surcharge on large retail stores to fund local infrastructure. A store challenges it under Article 84, arguing it is a tax. Which analysis is most accurate?

  1. Article 84 requires all taxes to be imposed by national statute without exception
  2. Article 84 applies only to national taxes, and local surcharges are governed by Article 92's local autonomy Correct answer.
  3. Article 84 requires that local taxes be approved by the Emperor
  4. Article 84 prohibits any local charge that is not approved by the Supreme Court

Explanation

Article 84 provides that no new taxes shall be imposed or existing ones modified except by law or under such conditions as law may prescribe, and it is understood to govern national taxation. Local governments derive taxing power from Article 92 and the Local Autonomy Law, subject to statutory authorization.

Question 21Constitutional Law

A plaintiff sues a prefecture for damages arising from the negligent operation of a public hospital. Which constitutional provision supports a claim against the public entity?

  1. Article 17, the right to sue the state for redress Correct answer.
  2. Article 32, the right of access to courts
  3. Article 40, criminal compensation
  4. Article 29, property rights

Explanation

Article 17 provides that every person may sue for redress as provided by law from the State or a public entity if he has suffered damage through illegal acts of any public officer. The State Redress Act implements this guarantee, and courts have applied it to public hospitals and other public services.

Question 22Constitutional Law

A person is acquitted after being detained for two years. He seeks compensation under Article 40. Which statement is most accurate?

  1. Article 40 guarantees compensation only if the detention was unlawful from the outset
  2. Article 40 requires the prosecutor's consent before compensation is paid
  3. Article 40 applies only to persons detained for more than five years
  4. Article 40 guarantees compensation to anyone acquitted after detention, regardless of whether the detention was lawful Correct answer.

Explanation

Article 40 provides that anyone who, after being arrested or detained, is acquitted shall be compensated by the State as provided by law. The guarantee covers lawful detention that ends in acquittal, and the Criminal Compensation Act implements it.

Question 23Constitutional Law

A local government enacts an ordinance that conflicts with a national statute on the same subject. Which constitutional principle governs the conflict?

  1. Article 94 permits local ordinances only within the limits of law, so the conflicting ordinance is invalid Correct answer.
  2. Article 92's local autonomy permits any ordinance that reflects local preferences
  3. Article 94 allows local governments to legislate independently, so the ordinance prevails locally
  4. Article 95 requires a referendum before any ordinance may be applied

Explanation

Article 94 provides that local public entities shall have the right to manage their affairs and to enact their own regulations within the limits of law. A conflicting ordinance therefore yields to national statute, a principle reflected in the 1963 case on a Tokyo ordinance regulating factory pollution.

Question 24Constitutional Law

The Supreme Court sits as a court of last resort with the power to determine the constitutionality of any law, order, regulation, or official act. Which provision establishes this?

  1. Article 79
  2. Article 81 Correct answer.
  3. Article 77
  4. Article 76

Explanation

Article 81 provides that the Supreme Court is the court of last resort with power to determine the constitutionality of any law, order, regulation, or official act. This is the textual basis for judicial review in Japan.

Question 25Civil Law

Under the civil law principles governing juridical acts, which element is essential to the valid formation of a contract of sale of a specific existing good?

  1. Delivery of the thing sold
  2. Payment of a deposit
  3. Registration of the deed
  4. Agreement on the thing and the price Correct answer.

Explanation

A contract of sale is perfected by mere consent on the object and the price; delivery, registration, and any deposit affect performance or evidence but are not essential to formation. The essential elements are consent, object, and cause.

Question 26Civil Law

A person who has reached the age of majority but is under guardianship due to a mental incapacity enters a contract during a lucid interval. What is the status of that contract?

  1. Unenforceable by either party
  2. Void from the outset
  3. Valid if made during a lucid interval Correct answer.
  4. Voidable by the guardian only

Explanation

Contracts entered into during a lucid interval by a person under guardianship are valid, because the incapacity is not absolute and the act was performed with understanding. Outside a lucid interval the act would be voidable.

Question 27Civil Law

Which characteristic distinguishes real rights from personal rights in the civil law?

  1. Real rights arise only from statute, while personal rights arise only from contract
  2. Real rights bind the whole world, while personal rights bind only the obligor Correct answer.
  3. Real rights require notarization, while personal rights require registration
  4. Real rights expire after ten years, while personal rights never expire

Explanation

Real rights are absolute and enforceable against everyone, whereas personal rights are relative and enforceable only against the specific obligor. This opposition of absolute versus relative effect is the defining distinction.

Question 28Civil Law

A creditor assigns a claim to a third party without notifying the debtor. As between the assignor and assignee, what is the effect of the assignment?

  1. The assignment is valid only if recorded in a public registry
  2. The assignment is valid between the parties but ineffective against the debtor until notice Correct answer.
  3. The assignment is void for lack of notice
  4. The assignment transfers only after the debtor consents

Explanation

Assignment of a claim operates by agreement between assignor and assignee; notice to the debtor is required only to make the transfer effective against the debtor and third parties. Consent of the debtor is not required.

Question 29Civil Law

Which of the following is a mode of acquiring ownership by operation of law without the need for a prior owner's consent?

  1. Usucapion (acquisitive prescription) Correct answer.
  2. Sale
  3. Lease
  4. Donation

Explanation

Usucapion vests ownership through uninterrupted possession for the period fixed by law, independent of any transfer by the previous owner. Sale, donation, and lease are all consensual acts.

Question 30Civil Law

A possessor in good faith builds a structure on land belonging to another. Under the rules on accession, what is the owner entitled to do?

  1. Require removal at the builder's expense in every case
  2. Keep the structure without any reimbursement
  3. Transfer the land to the builder automatically
  4. Keep the structure but reimburse the builder for the value of the materials and labor Correct answer.

Explanation

Under accession, the owner of the land acquires the structure, but a good-faith builder is entitled to reimbursement of the value of materials and labor. Removal may be allowed only where it causes no damage.

Question 31Civil Law

What is the essential difference between a suspensive condition and a resolutory condition in an obligation?

  1. A suspensive condition delays performance, while a resolutory condition extinguishes the obligation upon fulfillment Correct answer.
  2. A suspensive condition concerns money, while a resolutory condition concerns property
  3. A suspensive condition is void, while a resolutory condition is valid
  4. A suspensive condition is always express, while a resolutory condition is always implied

Explanation

A suspensive condition makes the obligation arise only when the event occurs, whereas a resolutory condition terminates an already existing obligation when the event occurs. Both are valid modalities of obligations.

Question 32Civil Law

An obligor fails to perform a reciprocal obligation, and the creditor seeks rescission. What is the standard consequence of a judicial rescission of a reciprocal contract?

  1. Only the creditor may retain what was received
  2. The obligation converts automatically into a penalty clause
  3. The contract remains valid but performance is postponed
  4. Both parties must restore what they received, with damages where appropriate Correct answer.

Explanation

Rescission of a reciprocal contract operates retroactively, so each party restores what it received, and the party at fault may owe damages. The goal is to return the parties to their prior positions.

Question 33Civil Law

Which obligation is classified as an obligation of means rather than an obligation of result?

  1. A physician's duty to provide care consistent with professional standards Correct answer.
  2. A seller's duty to transfer ownership of the thing sold
  3. A debtor's duty to repay a fixed sum of money
  4. A carrier's duty to deliver goods safely at destination

Explanation

An obligation of means requires diligent conduct measured against professional standards, not a guaranteed outcome, which characterizes medical care. Obligations of result require the creditor to obtain the promised outcome.

Question 34Civil Law

What is the effect of solidary liability among co-debtors toward the creditor?

  1. The creditor may demand the entire performance from any one debtor Correct answer.
  2. The creditor must claim from each debtor in equal shares
  3. The creditor must first exhaust the principal debtor
  4. Each debtor owes only its presumed equal share

Explanation

In solidary obligations the creditor may claim the whole performance from any debtor, and payment by one extinguishes the debt as to all. Contribution among debtors is a separate internal matter.

Question 35Civil Law

A debtor tenders payment of the exact amount owed, but the creditor refuses without justification. What remedy does the debtor have?

  1. Unilateral set-off against the creditor's assets
  2. Automatic release from the obligation without further act
  3. Consignation of the payment with the proper authority Correct answer.
  4. Conversion of the debt into a natural obligation

Explanation

When a creditor unjustifiably refuses a valid tender, the debtor may consign the thing or sum with the competent authority, which discharges the obligation once accepted. Consignation substitutes for the creditor's cooperation.

Question 36Civil Law

Which circumstance extinguishes an obligation by confusion?

  1. The object of the obligation perishes without fault
  2. The creditor and debtor become the same person Correct answer.
  3. The parties agree to extend the term
  4. The debtor is declared insolvent

Explanation

Confusion occurs when the qualities of creditor and debtor merge in one person, so the obligation loses its purpose and is extinguished. It differs from extinction by loss of the object or by agreement.

Question 37Civil Law

A tortfeasor causes harm through slight negligence while the victim also contributed to the damage. Under the comparative fault approach, how is liability typically apportioned?

  1. Liability is reduced in proportion to the victim's contribution Correct answer.
  2. The tortfeasor pays nothing because the victim contributed
  3. Liability is doubled as a deterrent
  4. The tortfeasor pays the full amount regardless of contribution

Explanation

Comparative fault reduces the tortfeasor's liability in proportion to the victim's own contribution to the harm. This avoids both full recovery and total denial where both parties are at fault.

Question 38Civil Law

Which statement correctly describes strict liability in civil law?

  1. It applies only to contractual breaches
  2. It requires proof of the defendant's intent
  3. It eliminates the need to prove causation
  4. It attaches liability without proof of fault in defined situations Correct answer.

Explanation

Strict liability imposes liability in specific situations defined by law, such as harm caused by dangerous things, without requiring proof of fault. Causation and damage must still be established.

Question 39Civil Law

A person who manages the affairs of another without a mandate, in a way beneficial to that other, may recover necessary expenses. What is this institution called?

  1. Mandate
  2. Negotiorum gestio Correct answer.
  3. Unjust enrichment
  4. Agency by estoppel

Explanation

Negotiorum gestio is the voluntary management of another's affairs without authorization, giving rise to a claim for necessary expenses where the management was useful. It differs from mandate, which requires agreement.

Question 40Civil Law

What is required for unjust enrichment to give rise to a restitutionary claim?

  1. An enrichment without legal cause at another's expense Correct answer.
  2. A written agreement between the parties
  3. A prior judicial declaration of nullity
  4. Proof of the defendant's bad faith

Explanation

Unjust enrichment requires an enrichment, a corresponding impoverishment, the absence of a legal cause, and no other remedy available to the claimant. Bad faith is not an element.

Question 41Civil Law

In the law of property, what does the principle of numerus clausus mean?

  1. Contracts may create any real right the parties choose
  2. Only the real rights established by law may be created Correct answer.
  3. Ownership may be divided without limit
  4. Possession always prevails over title

Explanation

Numerus clausus means the list of real rights is closed and parties cannot invent new ones by agreement. This protects third parties who must be able to rely on a fixed set of property rights.

Question 42Civil Law

A landowner grants a neighbor a right to pass across the land for access to a public road. What type of real right is this?

  1. Antichresis
  2. Mortgage
  3. Predial servitude Correct answer.
  4. Usufruct

Explanation

A predial servitude is a real right over a servient tenement for the benefit of a dominant tenement, such as a right of way. Usufruct grants use and enjoyment, antichresis is a security over fruits, and a mortgage is a security over property.

Question 43Civil Law

How does usufruct differ from bare ownership?

  1. The usufructuary acquires full ownership upon the death of the bare owner automatically
  2. The usufructuary has the right to use and enjoy the thing and its fruits, while the bare owner retains the substance Correct answer.
  3. The bare owner may not alienate the property under any circumstances
  4. The usufructuary holds the substance of the thing, while the bare owner holds only the income

Explanation

Usufruct splits ownership into a right of use and enjoyment for the usufructuary and the substance retained by the bare owner. The usufruct terminates at the latest on the usufructuary's death unless otherwise provided.

Question 44Civil Law

What is the effect of a resolutory condition attached to a contract of sale?

  1. The sale is void from the beginning
  2. The sale takes effect only when the condition occurs
  3. The sale converts into a lease upon the condition
  4. The sale produces effects immediately but is undone if the condition occurs Correct answer.

Explanation

A resolutory condition makes the contract effective at once, but its effects are retroactively undone if the condition is fulfilled. This contrasts with a suspensive condition, which delays effect.

Question 45Civil Law

Which of the following best describes the doctrine of abuse of rights?

  1. Rights may be exercised only with judicial authorization
  2. A right must be exercised in good faith and not solely to harm another Correct answer.
  3. Any exercise of a right is always lawful
  4. Rights lapse automatically after one year of non-use

Explanation

The doctrine of abuse of rights holds that even a lawful right must be exercised in good faith and without the sole purpose of harming others. Its exercise may thus generate liability when it exceeds the limits of good faith.

Question 46Civil Law

In the formation of a contract, what role does the offer play in relation to acceptance?

  1. Acceptance must match the offer; a material modification constitutes a counter-offer Correct answer.
  2. Acceptance is presumed after ten days of silence in all cases
  3. An offer is binding only after notarization
  4. Acceptance may alter any term and still bind the offeror

Explanation

Acceptance must be unqualified and mirror the terms of the offer; a material change operates as a counter-offer, which the original offeror may accept or reject. Silence generally does not constitute acceptance unless the law or the parties so provide.

Question 47Civil Law

A contract is concluded with a person who lacks the legal capacity to contract. What is the usual classification of that contract?

  1. Voidable at the instance of the incapacitated party or their representative Correct answer.
  2. Absolutely void
  3. Valid but unenforceable
  4. Valid and fully effective

Explanation

Contracts entered into by persons lacking capacity are generally voidable, allowing the incapacitated party or their representative to seek annulment. They are not automatically void, and they produce provisional effects until avoided.

Question 48Civil Law

A creditor holds a mortgage over the debtor's property. What right does the mortgage confer if the debtor defaults?

  1. The right to have the property sold and to be paid from the proceeds with priority Correct answer.
  2. The right to cancel the underlying obligation unilaterally
  3. Immediate ownership of the mortgaged property
  4. The right to occupy the property rent-free

Explanation

A mortgage is a real security that entitles the creditor, upon default, to have the property sold and to be paid from the proceeds according to priority. The creditor does not become the owner automatically.

Question 49Civil Law

Which rule governs the concurrence of creditors over the same immovable property when several mortgages have been registered?

  1. The first creditor to sue gains priority regardless of registration
  2. Priority depends on the size of each claim
  3. All mortgagees share equally regardless of registration
  4. Priority follows the chronological order of registration Correct answer.

Explanation

Among registered mortgagees, priority is determined by the date of registration, so the earlier registration ranks ahead. This rule gives third parties a reliable basis for assessing security.

Question 50Civil Law

Under the civil law rules on error as a defect of consent, when may a party generally avoid a contract for mistake of fact?

  1. When the mistake concerns the essential qualities of the thing or the identity of the other party, and it was excusable. Correct answer.
  2. Whenever the other party knew of the mistake, even if it concerned a trivial matter.
  3. Whenever the party later regrets the bargain, regardless of the nature of the mistake.
  4. Only when the mistake appears in writing in the contract itself.

Explanation

A mistake vitiates consent when it bears on the substance of the object or on the person of the contracting party, and the error must be excusable rather than the product of the mistaken party's own carelessness. A mere motive or a trivial detail does not open the door to avoidance. The remedy is relative nullity, so only the mistaken party may invoke it.