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Luxembourg Notary Exam practice questions

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Question 1Luxembourg civil law and law of obligations

Under the Luxembourg Civil Code, which element is essential for the valid formation of a contract under Article 1108?

  1. Prior authorization from a notary.
  2. The consent of the party who undertakes the obligation. Correct answer.
  3. Registration of the contract with the registration authority.
  4. A written document signed by both parties.

Explanation

Article 1108 requires consent, capacity, a certain object, and a lawful cause for a contract to be validly formed. Writing and notarization are required only for particular contracts, such as certain sales or mortgages. Registration mainly affects enforceability or taxation and is not a general condition of contractual validity.

Question 2Luxembourg civil law and law of obligations

A driver in Luxembourg injures a pedestrian by failing to respect a red light. On what basis is the driver liable in tort under the Civil Code?

  1. Strict liability, because driving a motor vehicle creates an automatic presumption of fault.
  2. Liability only if the pedestrian proves the driver intended to cause harm.
  3. Fault-based liability, requiring fault, damage, and a causal link. Correct answer.
  4. Contractual liability, because road users are bound by an implied contract.

Explanation

Article 1382 of the Luxembourg Civil Code makes a person liable for damage caused by his fault, and Article 1383 extends this to negligence. The victim must establish fault, damage, and a causal link between them. Proof of intent is not required for this fault-based liability.

Question 3Luxembourg civil law and law of obligations

Two spouses marry in Luxembourg without concluding a marriage contract. Which property regime governs them?

  1. The legal community of property (communauté légale). Correct answer.
  2. Participation in acquisitions.
  3. Separation of property.
  4. Universal community of property.

Explanation

In the absence of a marriage contract, Luxembourg law applies the legal community regime. It generally covers acquisitions made during the marriage and excludes property acquired by gift or inheritance. Spouses may choose another regime, such as separation of property, by a marriage contract before a notary.

Question 4Luxembourg civil law and law of obligations

A validly concluded Luxembourg contract becomes disadvantageous for one party because of an unforeseen increase in the price of raw materials. What is the judge's general power?

  1. The judge may rewrite the price to restore the original equilibrium.
  2. The judge must terminate the contract automatically.
  3. The judge may suspend performance until the parties renegotiate.
  4. The judge cannot generally revise the contract. Correct answer.

Explanation

Article 1134 gives a validly formed contract the force of law between the parties, and it may be revoked only by mutual consent or on grounds recognized by law. Luxembourg law does not recognize a general imprévision doctrine allowing judges to rewrite contracts because of unforeseen hardship. The parties may of course agree to renegotiate or adapt their contract.

Question 5Luxembourg civil law and law of obligations

A buyer discovers a hidden defect in a second-hand machine bought in Luxembourg. The defect existed at the time of sale and makes the machine unfit for its intended use. Which civil-law remedy is available under the warranty for latent defects?

  1. Rescission or a reduction of the price. Correct answer.
  2. Automatic replacement of the machine by the seller.
  3. Nullity of the sale for error, without any need to prove the defect.
  4. Only damages equal to the profit the buyer expected.

Explanation

Articles 1641 et seq. of the Luxembourg Civil Code bind the seller to warranty for hidden defects that make the thing unfit for its intended use. The buyer may choose between rescission of the sale, known as redhibition, and a reduction of the price. Damages may be added where the seller knew of the defect.

Question 6Luxembourg civil law and law of obligations

In Luxembourg civil law, a mandate (mandat) is:

  1. irrevocable once the mandatory has begun performance.
  2. valid only if concluded before a notary.
  3. gratuitous unless the parties agree on remuneration. Correct answer.
  4. always onerous, because the mandatory must be compensated.

Explanation

Article 1986 of the Luxembourg Civil Code provides that mandate is gratuitous if there is no contrary agreement. Professional mandates are commonly remunerated, but payment is not a default requirement of the contract. Revocation remains possible in principle, although it may give rise to damages.

Question 7Luxembourg civil law and law of obligations

A creditor holds a suretyship (cautionnement) from a guarantor. The debtor defaults. What is the guarantor's benefit of discussion (bénéfice de discussion)?

  1. The guarantor may require the creditor to pursue the debtor first, unless waived. Correct answer.
  2. The guarantor may refuse to pay until the creditor has obtained a final judgment against the debtor.
  3. The guarantor is automatically released if the creditor does not sue within one year.
  4. The guarantor may invoke it only if the suretyship was concluded by notarial deed.

Explanation

Article 2021 allows the surety to require the creditor first to discuss, meaning to pursue, the principal debtor's assets. This benefit can be waived, and it does not require a prior final judgment against the debtor. No notarial deed is needed for the surety to invoke it.

Question 8Luxembourg civil law and law of obligations

In Luxembourg succession law, the 'réserve' limits testamentary freedom. To whom is the reserved portion principally allocated?

  1. To the State when no will exists.
  2. To the deceased's descendants, in the proportions set by law. Correct answer.
  3. To the deceased's parents, to the exclusion of descendants.
  4. To the surviving spouse in all cases.

Explanation

The reserve is the portion of the estate reserved to certain forced heirs, principally the deceased's descendants. It limits gifts and testamentary dispositions that would deprive them of that portion. The surviving spouse has rights in the succession, but the reserve is not allocated to the spouse in all cases.

Question 9Luxembourg civil law and law of obligations

Two parties sign a contract containing several debtors but no clause on solidarity. Under the Luxembourg Civil Code, what is the effect?

  1. The obligation is void unless a notary records each debtor's share.
  2. Each debtor is jointly liable for the entire debt because of co-obligation.
  3. Solidarity is not presumed; each debtor is liable only for his share. Correct answer.
  4. Solidarity is presumed whenever there are multiple contractual debtors.

Explanation

Article 1202 states that solidarity is not presumed and must be expressly stipulated, except where the law establishes it. In a contractual obligation with several debtors and no solidarity clause, each debtor is therefore bound only for his share. The creditor cannot demand the whole debt from one debtor on the basis of co-obligation alone.

Question 10Luxembourg civil law and law of obligations

A usufruct (usufruit) is created over a house. Which statement correctly describes the usufructuary's position under Luxembourg civil law?

  1. The usufructuary may sell the house without the bare owner's consent, because usufruct includes full ownership.
  2. The usufructuary must pay all major repairs and taxes, including those normally chargeable to the bare owner.
  3. The usufructuary may use and enjoy the property while preserving its substance. Correct answer.
  4. The usufruct is perpetual and passes automatically to the usufructuary's heirs at death.

Explanation

Usufruct gives a person the right to use and enjoy property whose ownership belongs to another, provided the substance of the property is preserved. It is temporary and ends at the latest on the usufructuary's death. Major repairs are generally the bare owner's burden, while the usufructuary bears ordinary repairs and annual charges.

Question 11Luxembourg civil law and law of obligations

In Luxembourg civil law, at what age does a person as a rule acquire full legal capacity to enter into contracts?

  1. At 16, by simple written declaration.
  2. At 21, unless judicial emancipation has been granted.
  3. At 18, subject to special rules for protected adults. Correct answer.
  4. At 25, after completing the guardianship period.

Explanation

Luxembourg law fixes the age of majority at 18, and majority brings full civil capacity to contract. Exceptions exist for protected adults and for emancipation, which can affect capacity before or after majority. A minor generally lacks capacity to bind himself alone.

Question 12Luxembourg civil law and law of obligations

A seller obtains a signature on a deed by threatening the buyer with physical harm. Which vice of consent does this constitute under the Luxembourg Civil Code?

  1. Dol par réticence
  2. Lésion pour cause d'imprévoyance
  3. Erreur sur la substance
  4. Violence (contrainte) Correct answer.

Explanation

Violence, or constraint, is a vice of consent where a party is forced to contract by fear of serious harm. The threat of physical harm clearly affects the freedom of consent and may justify annulment. Error and fraud concern defective knowledge rather than coercion.

Question 13Luxembourg civil law and law of obligations

Which form must a donation of immovable property inter vivos satisfy to be valid in Luxembourg?

  1. A registered letter accepted in writing
  2. A notarial deed Correct answer.
  3. A private writing registered with the tax office
  4. An oral agreement before two witnesses

Explanation

A donation of immovable property is a solemn act that must be passed before a notary. The notarial deed secures the donor's consent and ensures publicity. Private or oral forms cannot validly transfer ownership by gratuitous title.

Question 14Luxembourg civil law and law of obligations

An offeror offers to sell a warehouse for EUR 500,000. The offeree replies that it accepts but requires delivery within one month, a term absent from the offer. What is the legal effect under Luxembourg civil law?

  1. A contract is formed at EUR 500,000 with the added term.
  2. The reply binds the offeror because acceptance is unconditional in price.
  3. The reply is a counter-offer, so no contract is concluded by it. Correct answer.
  4. The offeror must sue for performance or refuse within eight days.

Explanation

Acceptance must match the offer; a reply that adds or changes terms is a counter-offer. A counter-offer rejects the original offer and requires a fresh acceptance by the original offeror. No contract arises from the modified reply alone.

Question 15Luxembourg civil law and law of obligations

Which combination of features must an event display to operate as force majeure excusing contractual non-performance in Luxembourg civil law?

  1. External, but need only be unforeseeable
  2. Unforeseeable, irresistible and external Correct answer.
  3. Foreseeable, avoidable and internal to the debtor's business
  4. Unforeseeable and costly, even if avoidable

Explanation

Force majeure requires an event that is unforeseeable, irresistible and external to the debtor. It must make performance impossible rather than merely more costly. The debtor who invokes it must establish these elements.

Question 16Luxembourg civil law and law of obligations

A debtor pays a supplier EUR 10,000 although the debt had already been extinguished by legal compensation. What action does Luxembourg civil law give the payer?

  1. An action for damages for fraud
  2. An action to revive the extinguished debt
  3. Répétition de l'indu for restitution Correct answer.
  4. No action, because payment is definitive

Explanation

A payment made without a debt, or after the debt has been extinguished, is an undue payment. The payer may bring the action for restitution known as répétition de l'indu. The recipient must restore what was received.

Question 17Luxembourg civil law and law of obligations

A landowner enjoys a right of way over neighbouring land under a servitude created by notarial deed and duly published. The servient land is sold. May the new owner refuse the right of way?

  1. Yes, because servitudes are personal to the original parties.
  2. No, because a published servitude attaches to the land and binds successors. Correct answer.
  3. No, but only if the dominant owner pays compensation to the buyer.
  4. Yes, unless the new owner expressly consented in writing.

Explanation

A servitude is a real right attached to the dominant and servient tenements, not a merely personal obligation. Once validly created and published, it is enforceable against subsequent owners of the servient land. The buyer takes the land subject to the servitude.

Question 18Luxembourg civil law and law of obligations

A creditor assigns a claim to a third party by written agreement. Under the Luxembourg Civil Code, when does the assignment become enforceable against the debtor?

  1. Only when a court has approved the assignment
  2. Immediately upon signature, without any notification
  3. When the debtor pays the assignee for the first time
  4. When the debtor has accepted the assignment or been notified of it Correct answer.

Explanation

An assignment is valid between assignor and assignee by agreement, but it is opposable to the debtor only after notification or the debtor's acceptance. Until then, payment to the original creditor may discharge the debtor. The formal step protects the debtor from double payment.

Question 19Luxembourg civil law and law of obligations

A party terminates a long-term supply contract for a trivial delay, causing loss disproportionate to its interest. The other party invokes abuse of right. How does Luxembourg civil law approach this?

  1. The termination is automatically void unless a notary has approved it.
  2. The right is absolute, so abuse of right cannot apply to termination.
  3. The contractual right may be limited if exercised in an abusive manner. Correct answer.
  4. Abuse of right applies only to delict, not to contracts.

Explanation

Luxembourg civil law recognises abuse of right in the exercise of contractual prerogatives. A termination right exercised in bad faith or disproportionately may be limited, and damages may be awarded. The court examines the legitimate interest of the party exercising the right.

Question 20Luxembourg civil law and law of obligations

A debtor owes EUR 50,000. Creditor and debtor agree that debtor will instead owe a new EUR 50,000 obligation with different terms, intending novation. A surety had guaranteed the old debt. What happens to the surety?

  1. The novation discharges the surety unless it agreed to guarantee the new debt. Correct answer.
  2. The surety remains liable for the new debt automatically.
  3. The surety becomes a co-debtor of the new obligation by operation of law.
  4. The surety is discharged only if the new debt is lower in amount.

Explanation

Novation extinguishes the old obligation and replaces it with a new one. Accessory rights such as suretyship do not survive unless the surety consents to guarantee the new debt. The creditor must therefore obtain the surety's agreement if it wishes to preserve that security.

Question 21Luxembourg civil law and law of obligations

In Luxembourg civil law, which of the following is classified as a real right (droit réel) attaching directly to a thing?

  1. A hypothec over land Correct answer.
  2. A lease of an apartment
  3. A mandate to sell shares
  4. A loan of a sum of money

Explanation

A hypothec is a security interest that attaches directly to immovable property and is enforceable against third parties, so it is a real right. A lease, a mandate and a loan create only personal rights between the parties.

Question 22Luxembourg civil law and law of obligations

A seller and buyer agree on the object and price of a house in Luxembourg. Which formality is required for the sale to be transcribed in the mortgage registry?

  1. A notarial deed Correct answer.
  2. A private writing signed by both parties
  3. A registered residential lease
  4. An oral agreement witnessed by two persons

Explanation

Transcription of a transfer of immovable property requires an authentic instrument, in practice a notarial deed. A private writing or oral agreement does not satisfy the formalities for registration and opposability.

Question 23Luxembourg civil law and law of obligations

Under Luxembourg succession law, when does the heir's saisine take effect, subject to acceptance or renunciation?

  1. After the court issues an inheritance order
  2. Only after a notarial inventory
  3. At the moment of death Correct answer.
  4. After publication of the death notice

Explanation

Saisine operates by operation of law at the deceased's death, vesting the estate in the heirs subject to their later acceptance or renunciation. No court order or inventory is needed to create that provisional vesting.

Question 24Luxembourg civil law and law of obligations

A private individual seeks to prove before a Luxembourg civil court a verbal loan of EUR 6,000. There is no written document, no commencement of proof and no impossibility of obtaining writing. What does the Civil Code require?

  1. A sworn statement by the claimant suffices
  2. The claim is automatically inadmissible
  3. Witness testimony is always admissible
  4. Writing is required above EUR 2,500 Correct answer.

Explanation

Article 1341 requires written evidence for obligations exceeding EUR 2,500, unless there is a commencement of proof or impossibility of obtaining writing. Witness testimony alone cannot establish such a loan in the circumstances described.

Question 25Luxembourg civil law and law of obligations

A contract is made subject to a condition that depends solely on the will of the party who undertakes the obligation. Under the Luxembourg Civil Code, what is the effect?

  1. The condition is void Correct answer.
  2. The contract is automatically rescinded
  3. The condition is converted into a term
  4. The condition is valid but deemed fulfilled

Explanation

A purely potestative condition, depending solely on the will of the party who binds himself, is void under Article 1174. Because the condition is void, the obligation it was meant to govern cannot be enforced.

Question 26Luxembourg civil law and law of obligations

A buyer of a workshop in Luxembourg is later sued by a third party who claims ownership of the property. Which seller's warranty is primarily engaged?

  1. The warranty of hidden defects
  2. The warranty of conformity
  3. The warranty against neighbourhood disturbance
  4. The warranty of eviction Correct answer.

Explanation

The seller owes the buyer a warranty of eviction, meaning the buyer must be protected against a third party's claim of ownership or lawful disturbance. Hidden-defect warranty concerns defects in the thing, not a third party's title.

Question 27Luxembourg civil law and law of obligations

A private individual has a personal claim against another private individual for breach of a non-commercial services contract. No specific shorter prescription applies. What is the ordinary extinctive prescription period under the Luxembourg Civil Code?

  1. Thirty years Correct answer.
  2. Two years
  3. Five years
  4. Ten years

Explanation

The residual period for personal actions under the Luxembourg Civil Code is thirty years. Shorter periods apply only where a specific text provides for them, and none applies here.

Question 28Luxembourg civil law and law of obligations

A seller drafts a clause in a services contract, and its meaning remains genuinely ambiguous after interpretation. How should a Luxembourg court construe it under the Civil Code?

  1. In favour of the party who drafted the clause
  2. In favour of the debtor in all cases
  3. By reference to commercial usage alone
  4. Against the party who drafted the clause Correct answer.

Explanation

Article 1162 provides that in case of doubt a convention is interpreted against the party who stipulated it and in favour of the party who assumed the obligation. Where the seller drafted the ambiguous clause, it is construed against the seller.

Question 29Luxembourg civil law and law of obligations

A patient who has concluded a services contract with a clinic suffers damage caused by the clinic's faulty performance of that contract. May the patient bring a delictual action against the clinic in Luxembourg?

  1. Yes, but only if intentional misconduct is proved
  2. No, because medical acts fall outside civil liability
  3. Yes, tort liability is always available in addition
  4. No, contractual liability excludes the tort action Correct answer.

Explanation

Luxembourg civil law applies the principle of non-cumul: a contracting party cannot invoke delictual liability against its co-contractor for damage caused by contractual non-performance. The patient is confined to the contractual action, subject to any specific exception.

Question 30Luxembourg civil law and law of obligations

A supplier includes a clause excluding all liability for non-performance. The supplier later commits an intentional breach. Can it rely on the clause under Luxembourg civil law?

  1. No, not for intentional or gross fault Correct answer.
  2. Yes, but only for gross negligence
  3. No, all limitation clauses are void
  4. Yes, for all breaches

Explanation

Clauses limiting or excluding liability are valid in principle, but they cannot shelter a debtor from intentional fault or gross negligence. The clause therefore does not protect the supplier against its intentional breach.

Question 31Luxembourg civil law and law of obligations

Two persons marry in Luxembourg without executing a marriage contract before a notary. Which matrimonial property regime governs their property under Luxembourg civil law?

  1. The legal community of property (communauté légale). Correct answer.
  2. The regime of separation of property.
  3. The regime of universal community.
  4. The regime of participation in acquisitions.

Explanation

In the absence of a marriage contract, Luxembourg law applies the legal community regime. It governs acquisitions made during the marriage, subject to the statutory treatment of own property and liabilities. Spouses who want another regime must establish it by notarial contract.

Question 32Luxembourg civil law and law of obligations

An art collector buys a vase from a dealer, both believing it to be an eighteenth-century original. It later proves to be a modern copy worth a fraction of the price. The dealer made no fraudulent statement. Which vice of consent can the buyer most appropriately invoke?

  1. Violence
  2. Lésion
  3. Erreur sur une qualité substantielle de la chose Correct answer.
  4. Dol

Explanation

Error vitiates consent when it bears on the substance or essential qualities of the thing agreed upon. A shared mistake about the authenticity of the vase concerns a substantial quality and can justify annulment. Dol requires deceit, while violence and lésion are not established on these facts.

Question 33Luxembourg civil law and law of obligations

A usufruct (usufruit) is granted to a person over a house. Which statement best describes the essential legal position of the usufructuary?

  1. The usufructuary becomes owner of the house and may dispose of it freely.
  2. The usufructuary may demand transfer of ownership after thirty years of possession.
  3. The usufructuary may use and enjoy the house but must preserve its substance. Correct answer.
  4. The usufructuary holds a security right that disappears upon payment of a debt.

Explanation

Usufruct separates use and enjoyment from ownership: the usufructuary may use the property and take its fruits. The right is temporary and imposes a duty to preserve the substance of the thing. At the end of the usufruct, the property returns to the bare owner.

Question 34Luxembourg civil law and law of obligations

Two individuals borrow EUR 40,000 from a friend. The loan agreement is silent on solidarity. The creditor demands payment of the entire sum from one borrower. Under Luxembourg civil law, what is the correct position?

  1. The borrower owes the full sum because the debt is joint and several by operation of law.
  2. The borrower owes nothing until the other borrower has been sued first.
  3. Solidarity is presumed in all loan contracts, so the full sum is due.
  4. Only his own share, because solidarity is not presumed in civil matters. Correct answer.

Explanation

In civil obligations, solidarity is not presumed; it must be agreed by the parties or imposed by law. Each co-debtor is therefore liable only for his share unless solidarity is established. A creditor cannot demand the whole debt from one co-debtor on these facts.

Question 35Luxembourg civil law and law of obligations

A buyer purchases an older house in Luxembourg. After moving in, structural rot behind plaster is discovered; the seller, in good faith, did not know of it. Which action is available under the seller's warranty?

  1. An action for fraud, because the seller's good faith is irrelevant.
  2. An action for latent defects, allowing rescission or price reduction. Correct answer.
  3. An action for eviction, because a third party claims ownership.
  4. No action, because the seller did not know of the defect.

Explanation

The seller warrants latent defects that make the thing unfit for its intended use or substantially reduce that use. The buyer may choose rescission of the sale or a reduction of the price, and damages may be added if the seller knew of the defect. Good faith does not by itself exclude the warranty.

Question 36Luxembourg civil law and law of obligations

A principal instructs an agent to sell a plot for no less than EUR 300,000. The agent, without telling the principal, sells it for EUR 280,000 to a buyer who had read the written mandate setting that minimum. Is the principal bound?

  1. Yes, because the buyer accepted the offer in good faith.
  2. No, but only if the principal proves the buyer acted in bad faith.
  3. No, the agent exceeded authority; the sale binds the principal only if ratified. Correct answer.
  4. Yes, because the agent acted in the principal's name.

Explanation

A mandatary binds the principal only within the authority conferred. An act beyond that authority does not bind the principal unless the principal ratifies it. Here the buyer knew the written limit, so the agent's apparent authority cannot be relied upon to bind the principal.

Question 37Luxembourg civil law and law of obligations

While a homeowner is abroad, a neighbor notices a leaking roof and arranges urgent repairs to prevent major damage. The owner later refuses to pay. Under the law of quasi-contracts in Luxembourg, what is the neighbor's position?

  1. The neighbor may keep the repaired roof as security until paid.
  2. The neighbor may claim under unjust enrichment only, because he acted without mandate.
  3. The neighbor may claim reimbursement of necessary expenses under gestion d'affaires. Correct answer.
  4. The neighbor has no claim, because he interfered voluntarily in another's affairs.

Explanation

Gestion d'affaires allows a person to manage another's affair usefully and without a mandate. The owner must reimburse the necessary and useful expenses incurred by the gestor. The remedy is distinct from unjust enrichment and does not depend on prior authorization.

Question 38Luxembourg civil law and law of obligations

A customer in a supermarket is injured when a display shelf collapses because its wheel was defective. The shelf is under the supermarket's control. Which basis of liability is most appropriate under Luxembourg civil law?

  1. No liability, because the defect was latent.
  2. Liability of the custodian of the thing (garde), without proof of personal fault. Correct answer.
  3. Contractual liability, because the customer entered the shop.
  4. Liability for fault, requiring proof of a specific employee's negligence.

Explanation

Under civil liability for things, the custodian of a thing that causes damage may be liable without proof of a personal fault. The supermarket's control over the shelf points to its role as custodian. A latent defect does not automatically exclude that liability as against the injured customer.

Question 39Luxembourg civil law and law of obligations

A debtor, facing a judgment, transfers his only substantial asset to his brother for no consideration. The creditor cannot obtain payment. Which action may the creditor bring to protect his claim?

  1. The action in nullity for lack of cause, because the transfer was gratuitous.
  2. The revocatory action, to make the transfer ineffective against him. Correct answer.
  3. The direct action, to recover the asset from the brother.
  4. The action for declaration of a simulated transfer, which is available only to the debtor.

Explanation

The action paulienne allows a creditor to have the debtor's acts in fraud of his rights declared ineffective as against him. It requires prejudice to the creditor and fraudulent intent on the debtor's part; for a gratuitous transfer, the debtor's fraud generally suffices. The transfer is made inopposable to the creditor rather than automatically annulled.

Question 40Luxembourg civil law and law of obligations

A person possesses a parcel of land in Luxembourg continuously, publicly, peacefully and unequivocally for ten years, under a just title and in good faith. What is the effect under the Civil Code?

  1. The person acquires ownership by ten-year acquisitive prescription. Correct answer.
  2. The person's possession is legally irrelevant until registered in the land register.
  3. The person must wait thirty years in all cases.
  4. The person acquires a servitude but not ownership.

Explanation

For immovable property, the Civil Code provides a ten-year acquisitive prescription where the possessor has a just title and good faith. Without those elements, the ordinary period is longer, generally twenty years. Publication in the land register is not the source of the prescriptive effect.

Question 41Family law, matrimonial regimes and succession

Two spouses marry in Luxembourg without executing any marriage contract. Which matrimonial regime governs their property relations?

  1. The legal community regime (communauté de biens). Correct answer.
  2. Universal community (communauté universelle).
  3. Separation of property (séparation de biens).
  4. Participation in acquisitions (participation aux acquêts).

Explanation

In Luxembourg, in the absence of a marriage contract, the statutory legal regime applies. That regime is a community regime, whereas separation of property and other regimes must be chosen by a notarial marriage contract.

Question 42Family law, matrimonial regimes and succession

What formal instrument is required to validly conclude a marriage contract (contrat de mariage) under Luxembourg law?

  1. A registered will containing the spouses' property arrangements.
  2. An oral declaration before the civil registrar at the wedding.
  3. A private writing signed by both spouses and two witnesses.
  4. A notarial deed (acte notarié). Correct answer.

Explanation

A marriage contract must be received by a notary in the form of a notarial deed. The notary verifies consent and capacity and ensures the required publicity; a private writing or oral declaration is insufficient.

Question 43Family law, matrimonial regimes and succession

Which formalities make a holographic will (testament olographe) valid in Luxembourg?

  1. It must be signed only; no date is required.
  2. It must be entirely handwritten, dated and signed by the testator. Correct answer.
  3. It must be typed, dated and signed before two witnesses.
  4. It must be declared orally to the civil registrar.

Explanation

A holographic will must be wholly written, dated and signed by the testator. It requires no notary or witnesses, but a typed text or an undated document does not meet the formal requirements.

Question 44Family law, matrimonial regimes and succession

A deceased person leaves two children and a valid will bequeathing the entire estate to a friend. What share may the friend ultimately receive under the forced heirship rules?

  1. One third of the estate. Correct answer.
  2. Two thirds of the estate.
  3. One half of the estate.
  4. The entire estate, because testamentary freedom is unlimited.

Explanation

When the deceased leaves two children, the disposable portion (quotité disponible) is one third of the estate and the reserve is two thirds. A bequest exceeding the disposable portion is reduced to that limit.

Question 45Family law, matrimonial regimes and succession

Spouses are married under a separation-of-property regime. One spouse uses personal salary to buy a car registered in that spouse's name. How is the car owned as between the spouses?

  1. The purchasing spouse owns it alone. Correct answer.
  2. It is owned in indivision in proportion to each spouse's initial contribution.
  3. It belongs to the other spouse by way of legal usufruct.
  4. It is jointly owned because salary is always community property.

Explanation

Under separation of property, each spouse retains ownership and administration of personal assets and income. Property acquired with one spouse's personal funds therefore remains that spouse's personal property, without automatic co-ownership.

Question 46Family law, matrimonial regimes and succession

Which formality is essential for a notarial will (testament authentique) in Luxembourg?

  1. Dictation before a notary and two witnesses (or a second notary). Correct answer.
  2. A document written entirely by the testator and simply deposited with the notary.
  3. A declaration signed by three witnesses in the notary's office without dictation.
  4. An oral statement recorded by the civil registrar in the presence of one witness.

Explanation

An authentic will is received by a notary; the testator dictates the dispositions in the presence of two witnesses or a second notary, and the notary records and signs the instrument. Mere deposit of a handwritten text is not an authentic will.

Question 47Family law, matrimonial regimes and succession

A person dies intestate leaving one surviving child and two grandchildren born to a predeceased child. How is the estate divided by representation?

  1. The surviving child takes the entire estate, and the grandchildren take nothing.
  2. The estate is divided equally among the surviving child and the two grandchildren, one third each.
  3. The estate is divided equally between the two grandchildren only.
  4. The surviving child takes one half, and each grandchild takes one quarter. Correct answer.

Explanation

Representation allows the descendants of a predeceased child to take that child's share collectively. The surviving child receives one half, while the two grandchildren share the other half and therefore take one quarter each.

Question 48Family law, matrimonial regimes and succession

An heir wishes to take over the deceased's estate but fears unknown debts. Which mechanism best protects the heir from personal liability beyond estate assets?

  1. A notarial deed of notoriety confirming heirship.
  2. Renunciation of the succession (renonciation).
  3. Acceptance under benefit of inventory (acceptation sous bénéfice d'inventaire). Correct answer.
  4. Pure and simple acceptance (acceptation pure et simple).

Explanation

Acceptance under benefit of inventory allows the heir to accept the succession while limiting liability to the assets of the estate. An inventory establishes the assets and debts; pure acceptance would expose the heir's personal assets.

Question 49Family law, matrimonial regimes and succession

After several years of marriage, spouses governed by the legal community regime want to adopt a separation-of-property regime. What is required under Luxembourg law?

  1. Nothing: the regime changes automatically after ten years of marriage.
  2. A simple joint declaration before the mayor at the town hall.
  3. A written agreement signed by both spouses and filed with the civil registrar.
  4. A notarial deed followed by homologation by the district court. Correct answer.

Explanation

A change of matrimonial regime during marriage requires a notarial deed and judicial homologation, because it affects the interests of the family and creditors. A private agreement or a purely administrative declaration does not suffice.

Question 50Family law, matrimonial regimes and succession

During a legal community regime, a spouse uses community funds to repay a mortgage on an apartment that is that spouse's own pre-marital property. What is the effect at liquidation?

  1. The community automatically becomes co-owner of the apartment.
  2. No reimbursement is due, because the mortgage concerns the spouse's personal property.
  3. The community has a reimbursement claim (récompense) against that spouse. Correct answer.
  4. The payment is treated as an irrevocable gift to the spouse's personal estate.

Explanation

When community assets are used to discharge a personal debt or enhance personal property, a récompense is owed by the benefiting spouse to the community. The reimbursement claim restores the community's balance but does not transfer ownership of the apartment.