Beirut Bar Admission Test cheat sheet

Contract formation requires offer, acceptance, capacity, lawful object, and cause; absence of cause renders contract void under Lebanese Civil Code (LCC) Art. 208.

Obligations may arise from contract, quasi-contract, delict (tort), or quasi-delict; tort liability requires fault, damage, and causation (LCC Arts. 121-124).

Force majeure excuses performance when an unforeseeable, irresistible event makes performance impossible; distinct from hardship (imprévision) which may allow judicial adjustment.

Ownership is the right to use, enjoy, and dispose of property absolutely, subject to legal restrictions (LCC Art. 768); possession in good faith may lead to acquisitive prescription.

Acquisitive prescription of immovables generally requires 15 years of good-faith possession with just title; 30 years for bad faith (LCC Arts. 798, 802).

Contractual damages compensate foreseeable loss; penalty clauses may be judicially reduced if manifestly excessive (LCC Art. 256).

Solidary liability (obligation solidaire) arises by agreement or law; each debtor may be pursued for the whole debt, subject to contribution among co-debtors.

Assignment of rights (cession de créance) requires written notice to the debtor to be enforceable against third parties; debtor may raise defenses existing at notice.

Legality principle: no crime or punishment without a prior, clear legal text (nullum crimen, nulla poena sine lege); analogies against the accused are prohibited.

Criminal intent (mens rea) required for intentional offenses; negligence suffices for misdemeanors and contraventions where the law so provides.

Attempt is punishable when the execution has begun and is interrupted by external circumstances; mere preparatory acts are not punishable (Lebanese Penal Code Art. 201).

Custody (garde à vue) by judicial police is limited to 24 hours, renewable once with written authorization from the public prosecutor; beyond that requires judicial warrant.

The public prosecutor (procureur général) directs investigations and may order pretrial detention; the accused must be brought before the examining magistrate within legal deadlines.

Prescription of criminal action: 10 years for felonies, 3 years for misdemeanors, 1 year for contraventions, subject to suspension and interruption (Penal Code Arts. 339-341).

Evidence in criminal matters is generally free (intime conviction), but confessions obtained under torture or duress are inadmissible.

Appeals against judgments must be filed within 10 days for misdemeanors and 15 days for felonies (Criminal Procedure Code).

Jurisdiction: the court of the defendant's domicile has general jurisdiction; contractual disputes may be brought where the contract was formed or performed (CPC Art. 100).

Statement of claim must include parties, subject matter, facts, legal grounds, and requests; missing essential elements may lead to dismissal for formal defect.

Written evidence (proof by writing) is required for contracts exceeding a certain value (e.g., 1,000,000 LBP) unless there is a written commencement of proof (LCC Art. 234).

Expert evidence is ordered by the court; expert reports are advisory, and the court may adopt or reject their conclusions with reasons.

Default judgment (jugement par défaut) may be challenged by opposition (opposition) within 10 days of notification if the defendant was absent and not properly summoned.

Appeal deadline is generally 10 days from notification for default judgments and 30 days for contested judgments (CPC Art. 678).

Res judicata requires identity of parties, subject matter, and cause; a final judgment on the merits bars re-litigation of the same claim.

Interim measures (référé) may be ordered by the president of the court in urgent matters to prevent imminent harm or to preserve evidence, without prejudging the merits.

Commercial acts include sale of goods, banking, insurance, carriage, and agency; commercial obligations are governed by the Commercial Code and, subsidiarily, the Civil Code.

Trader status requires habitual performance of commercial acts as a profession; traders must register in the Commercial Register and keep commercial books.

Joint-stock company (société anonyme) requires minimum capital (e.g., 30,000,000 LBP for non-public companies) and at least three shareholders; shares are freely transferable unless restricted.

Limited liability company (SARL) requires a minimum capital (e.g., 5,000,000 LBP) and 2 to 50 partners; managers are liable for statutory violations.

Insolvency (faillite) is declared when a trader ceases payments; the court appoints a trustee (syndic) to liquidate assets and distribute proceeds to creditors according to rank.

Preferential claims: secured creditors (pledge, mortgage) rank ahead of unsecured creditors; wages and certain tax debts have priority under Lebanese law.

Cheque law: issuing a cheque without sufficient funds is a criminal offense under the Lebanese Commercial Code; the drawee bank must certify the lack of funds.

Company dissolution triggers liquidation; the legal personality persists for liquidation purposes until final distribution.

Employment contract may be fixed-term or indefinite; fixed-term contracts are limited to specific tasks or seasonal work and may not exceed two years total.

Probation period may not exceed three months; during probation either party may terminate without notice or indemnity.

Minimum wage is set by decree; as of 2023, the minimum monthly wage is 9,000,000 LBP (subject to periodic adjustment).

Working hours: maximum 48 hours per week, with at least 24 consecutive hours of rest; overtime pay is 1.5 times the normal hourly rate.

Annual leave: 15 days paid leave per year after one year of service; sick leave: up to 6 months with partial pay under the Labor Code.

Termination of indefinite contract requires valid reason; arbitrary dismissal entitles the employee to indemnity (at least one month's salary per year of service).

Social security (NSSF) covers sickness, maternity, family allowances, and end-of-service indemnity; employers must register employees and pay contributions.

Collective labor agreements are negotiated between unions and employers; they may improve but not reduce statutory minimum rights.

Lebanon is a parliamentary democratic republic with a confessional system; the Constitution (1926, as amended) guarantees fundamental rights and separation of powers.

The Constitutional Council reviews the constitutionality of laws before promulgation and may annul them; it also rules on electoral disputes.

Administrative acts are subject to judicial review by the State Council (Conseil d'État) for legality, excess of power, and violation of essential procedural requirements.

Public officials may be held liable for personal fault; the administration is liable for acts of its agents under public law, with limited immunity.

Administrative contracts are governed by public law principles; the administration may modify or terminate unilaterally, subject to compensation.

Emergency powers: the President may, with the Cabinet, declare a state of emergency; fundamental rights may be temporarily restricted subject to constitutional limits.

Decentralization: municipalities have elected councils and limited financial autonomy; governors represent the central authority in regions.

Judicial independence is guaranteed; judges are appointed by the Supreme Judicial Council and may not be removed except by disciplinary decision.

Personal status matters are governed by religious courts for each recognized community; civil marriage is not recognized for Lebanese citizens on Lebanese territory.

Marriage requires consent, legal capacity, and absence of impediments; minimum age varies by community (often 17-18 for males, 15-17 for females).

Dowry (mahr) is a mandatory element in Islamic marriages; it may be prompt or deferred and is the wife's property.

Divorce: each community has its own grounds and procedures; civil courts may enforce foreign divorces subject to public policy.

Custody (hadana) is generally granted to the mother for young children, then may transfer to the father; the best interests of the child is the guiding principle.

Inheritance follows religious law; forced heirs (reservataires) are entitled to a fixed share; wills may dispose of only one-third of the estate without heirs' consent.

Paternity is established by marriage presumption (child born within 6 months of marriage or 10 months of divorce) or by acknowledgment.

Family mediation is encouraged; courts may order mediation before ruling on custody or financial disputes.

Real property rights must be registered with the Land Registry to be enforceable against third parties; unregistered transfers are ineffective against bona fide third parties.

Lease agreements exceeding one year must be in writing; residential leases are subject to rent control laws for old buildings (pre-1992).

Tenant's preemptive right (droit de préemption) may apply in certain areas; landlord must offer the property to the tenant before selling to a third party.

Eviction requires a court judgment; grounds include non-payment of rent, unauthorized subletting, or need for personal use (subject to strict conditions).

Rent increases are regulated; for old leases, increases are limited to a percentage set by law; new leases are freely negotiated.

Security deposit is customary (usually one to three months' rent) and must be returned upon termination, minus damages.

Landlord's liability for defects: must deliver a habitable premises and maintain essential repairs; tenant must make minor repairs.

Property tax (built property tax) is levied annually; unpaid taxes create a lien on the property.

Lawyers must maintain confidentiality (secret professionnel) for all client information; breach is a criminal offense and disciplinary violation.

Conflict of interest: a lawyer may not represent opposing parties in the same matter or act against a former client in a related matter.

Advertising is restricted; lawyers may not solicit clients or use misleading claims; permissible advertising must be dignified and truthful.

Fees must be fair and agreed in writing; contingency fees are permitted but may not be excessive; fee disputes are resolved by the Bar Association.

Lawyers must not communicate directly with an opposing party who is represented by counsel; all communications should go through counsel.

Pro bono service is encouraged; lawyers may be appointed by the court to represent indigent defendants in criminal cases.

Disciplinary sanctions include warning, reprimand, suspension, and disbarment; proceedings are conducted by the Bar's disciplinary council.

Lawyers must not testify for their clients or handle funds without proper accounting; client funds must be kept separate from personal funds.

Legal memoranda must state facts, issues, applicable law, analysis, and conclusion; use IRAC (Issue, Rule, Application, Conclusion) structure.

Cite primary sources (statutes, case law) precisely; Lebanese courts follow civil law tradition, so doctrine and jurisprudence are persuasive but not binding.

Pleadings must be clear, concise, and respectful; avoid emotional language and personal attacks on opposing counsel.

Oral argument: address the court with proper titles (Your Honor), be prepared to answer questions, and focus on key legal issues.

Brief writing: use headings, short paragraphs, and logical flow; proofread for grammar and spelling; errors undermine credibility.

In court, stand when speaking, address the bench, and never interrupt opposing counsel; objections must be timely and specific.

Client counseling: explain legal options clearly, manage expectations, and document advice in writing.

Negotiation and settlement: aim for win-win solutions, know your BATNA (Best Alternative to a Negotiated Agreement), and confirm settlements in writing.