Beirut Bar Admission Test key terms

The underlying purpose of an obligation that the law forbids, such as gambling debts, prostitution, or contracts contrary to public order; it renders the agreement absolutely void and no action lies to enforce it.

A defect that voids a contract in the public interest, for example absence of consent, unlawful object, or immorality; any interested party may invoke it and the court may raise it on its own motion.

A defect protecting a private party, such as error, fraud, duress, or incapacity; only the protected party may claim it, and it is subject to confirmation or a short prescription period.

The defects that undermine a party's agreement: error about the essential qualities of the object, fraud by deceptive maneuvers, and duress of a kind that overcomes a reasonable person's will.

Intentional deception designed to induce a party to contract, such as concealment of a decisive fact or a false statement; it vitiates consent and may also ground damages even where the contract is upheld.

The performance the debtor owes, whether giving, doing, or not doing; it must be determinate or determinable, possible, and lawful, otherwise the obligation is void.

A periodic sum ordered by a judge to pressure a debtor into performing a non-monetary obligation; it is provisional until the court liquidates it and is distinct from damages for loss.

A contractual provision fixing in advance the sum payable on breach; the judge may reduce or increase it where it is manifestly excessive or derisory compared with the actual harm.

Formal notice putting the debtor on notice that performance is due; it ordinarily marks the point from which default, interest, and risk transfer begin, unless the contract or law dispenses with it.

An event that is unforeseeable, irresistible, and external to the debtor, excusing non-performance; mere difficulty or increased cost does not suffice unless the parties expressly agree otherwise.

An unforeseen change of circumstances that makes performance excessively onerous without being impossible; the affected party may seek renegotiation and, failing agreement, judicial adaptation or termination.

A defense allowing one party to withhold its own performance while the other party fails to perform, provided the two obligations arise from the same contract and withholding is proportionate.

Judicial termination of a synallagmatic contract for serious non-performance; it operates retroactively in principle, though the court may order restitution and damages adjusted to the actual situation.

The exercise of factual control over property, whether personally or through another, together with the intention to hold it as owner or for a limited real right; it can mature into ownership by prescription.

Acquisition of ownership or another real right by uninterrupted, peaceful, public, and unequivocal possession for the period fixed by law; the period is shortened where possession is in good faith with just title.

The fullest real right, conferring the exclusive power to use, enjoy, and dispose of a thing subject to law and the rights of others; it may be divided into usufruct and bare ownership.

A real right to use and take the fruits of another's property while preserving its substance; it is temporary and ends at the latest on the holder's death unless otherwise provided.

Police custody during investigation, ordered by an officer of the judicial police with statutory time limits and subject to notification of rights, access to counsel, and possible judicial review.

Pre-trial detention ordered by the investigating judge or competent court where statutory conditions are met, such as risk of flight, tampering with evidence, or public order; it is exceptional and reviewable.

The judicial investigation phase conducted by an investigating judge to gather evidence, hear witnesses, and decide whether to commit a suspect for trial or to close the case.

The state's power to prosecute an offence, exercised by the public prosecutor; it is initiated by complaint or report and may be extinguished by prescription, amnesty, or the death of the accused.

The victim's claim for compensation for harm caused by an offence, brought either alongside the criminal prosecution or separately before the civil courts; it may be joined to the criminal file.

A victim who joins the criminal proceedings to seek damages, thereby sometimes triggering prosecution; the court ruling on the criminal charge also decides the civil claim unless reserved.

A report of an offence made by a victim or witness to the competent authority; it may initiate investigation but does not by itself bind the prosecutor to prosecute.

The rule allocating a case to the court of the defendant's domicile or, in criminal matters, to the place of the offence, arrest, or residence; exceptions cover related claims and protective jurisdiction.

A procedural objection contesting the court's jurisdiction over the subject matter or territory; it must generally be raised before any defense on the merits or it is waived.

The formal process by which a plaintiff summons the defendant before the court, stating the claims and grounds; defective service may be regularized but affects the starting of time limits.

The binding effect of a final judgment, barring a new action between the same parties on the same object and cause; only what was decided in the operative part is covered.

A defense that defeats a claim without examining its merits, such as prescription, res judicata, or lack of standing; it may be raised at any stage and the court may apply it ex officio.

The rule assigning to each party the duty to prove the facts on which its claim or defense rests; it shifts in limited cases, such as presumptions and facts peculiarly within the other side's control.

Documentary evidence, which is generally required above a statutory value threshold in civil matters; exceptions include impossibility of written proof, loss of the document, and commercial transactions.

A statement by a party acknowledging a fact adverse to its interest; judicial admission is binding and indivisible, while extrajudicial admission is left to the court's free assessment.

The Lebanese joint-stock company, requiring a minimum number of shareholders and a fixed capital, with shares freely transferable and management vested in a board of directors subject to statutory controls.

A limited liability company whose capital is divided into interests (parts sociales), with restrictions on transfer and a maximum number of members; managers are liable for statutory breaches.

The meeting of company members exercising reserved powers such as approving accounts, appointing officers, and amending the statutes; ordinary and extraordinary sessions have different quorum and majority rules.

The statutory auditor who verifies the company's accounts and reports to the general assembly; appointment, independence, and reporting duties are set by law and breaches may trigger liability.

The judicial state of a trader who has ceased payments; it opens collective proceedings aimed at realizing assets and distributing proceeds among creditors under court supervision.

Dismissal exercised without lawful cause or without following required procedure; it entitles the employee to damages assessed by the court, independent of any statutory indemnity for length of service.

The notice period that must be observed before termination takes effect; the employer may pay compensation in lieu, but failure to give notice or pay in lieu makes the dismissal irregular.

The statutory end-of-service payment calculated by reference to the employee's last wage and length of service, due on lawful termination and distinct from damages for abusive dismissal.

Review of whether a statute conforms to the Constitution, exercised by the Constitutional Council on referral by specified authorities; a declared unconstitutional provision ceases to have effect.

An action seeking annulment of an administrative decision for illegality, available to any person with an interest; grounds include lack of competence, procedural defect, and misuse of power.

The requirement that administrative action rest on and comply with the law, including the Constitution, statutes, and regulations; a decision taken without legal basis is subject to annulment.

A unilateral act of an administrative authority modifying the legal order, such as an appointment, licence, or sanction; it is presumed lawful until annulled and must be reasoned where required.

A court-supervised arrangement placing a child with a guardian who undertakes maintenance and upbringing without creating a legal filiation; it does not confer inheritance rights of its own.

Custody of a child, allocated according to the applicable personal-status rules by reference to the child's welfare and age; it may be reviewed when circumstances change.

The body of rules governing marriage, divorce, filiation, and succession, applied in Lebanon through the confessional courts of the recognized communities, subject to public order limits.

The lease of immovable property for a rent, obliging the landlord to deliver and maintain the premises in a fit state and the tenant to pay rent and use the property as agreed.

The tenant's right, in defined cases, to renewal of a lease on expiry, subject to statutory conditions and rent adjustment; refusal without lawful ground may give rise to damages.

Judicial removal of an occupier from premises; it requires a court order enforceable through the bailiff, and self-help eviction is unlawful and may expose the landlord to criminal and civil liability.

The lawyer's duty not to reveal information learned in the course of the mandate; it survives the end of the relationship and is broader than the evidentiary privilege it supports.

A situation where the lawyer's own interest or a duty to another client risks compromising the representation; the lawyer must disclose, decline the mandate, or obtain informed consent where permitted.

The body of professional rules governing lawyers' conduct, including independence, loyalty, dignity, and fairness to the court and opposing counsel, enforced by the Bar through disciplinary proceedings.

The written pleading setting out a party's claims, legal grounds, and requested relief; it must be sufficiently clear and reasoned to allow the court and the opponent to respond.

Oral argument before the court, organized around facts, issues, and requested relief; effective advocacy states the point early, addresses the bench's concerns, and avoids reading written submissions.

A written submission addressed to a court or authority developing legal argument and evidence; in appellate and administrative practice it frames the issues the bench is asked to decide.