Civil Law and Civil Procedure
What the exam tests
Civil law questions test the Civil Code (General Part 1994, Special Part 1999): property, obligations, contracts, torts and inheritance. Civil procedure tests the Civil Procedure Code (CPC) of 2015: claims, evidence, judgment and appeal.
Core rules
- Civil law is based on equality of participants, autonomy of will, inviolability of property and freedom of contract.
- The general limitation period is three years; special periods may be shorter or longer. Limitation is a defence raised by a party, not applied by the court on its own motion.
- A contract is binding; non-performance gives rise to damages, penalties and specific performance. Tort liability requires wrongfulness, damage, causation and fault.
- Civil procedure follows disposition and adversarial principles: the parties define the claim and present evidence; the court decides within the claim.
- A judgment has introductory, descriptive, motivational and operative parts. The motivational part must evaluate evidence and apply the law.
- Appeal and cassation are separate stages; the cassation court reviews legality, not a fresh factual trial.
Worked example
A supplier fails to deliver goods. The buyer claims a penalty and damages. The court checks the contract, proof of breach, causation and proof of loss. The penalty is reduced only if clearly disproportionate. Limitation runs from the due date; if the buyer sues after three years and the supplier pleads limitation, the claim is dismissed.
Traps
- Confusing material civil law with procedural steps.
- Assuming the court applies limitation on its own initiative.
- Claiming damages without proving the amount.