Civil Law and Civil Procedure
What this domain tests
This domain tests the Civil Code and Civil Procedure Code in practice: transactions and invalidity, representation, obligations, tort liability, limitation periods, jurisdiction, evidence, and appeal. Questions often ask the advocate to identify the correct claim, the burden of proof, and the procedural deadline.
Core rules
- A transaction is valid when the parties have capacity, consent is genuine, and the form required by law is observed. Invalidity may be total or partial; restitution follows statutory rules.
- Representation requires a power of attorney where the law demands written authorization. An advocate should verify authority before signing a settlement or withdrawing a claim.
- The general limitation period is three years. Acknowledgment of debt interrupts the period and starts it running again; expiration does not extinguish the debt automatically but gives the defendant a defense.
- The claimant must prove the facts supporting the claim; the defendant must prove affirmative defenses. Courts assess written evidence, expert opinions, witness statements, and admissions.
- First-instance judgments are appealed within the statutory period. Appeal reviews law and fact; cassation focuses on material legal errors and procedure.
Worked example
A client lent money under a handwritten receipt dated five years ago. The debtor signed a partial acknowledgment two years ago. The advocate should not assume the claim is time-barred: the acknowledgment interrupts limitation and restarts the three-year period. The claim should attach the receipt and acknowledgment, state the outstanding principal and agreed interest, and address any partial payments. If the debtor alleges repayment, the debtor bears that burden.
Traps that cost marks
Missing the appeal deadline; treating limitation as automatic extinction; filing a claim in the wrong court; failing to plead the legal basis for invalidity; and offering “new evidence” in cassation without showing why it could not have been produced earlier.