Legal system, judicial organisation and civil procedure
Legal system, judicial organisation and civil procedure
This domain tests where disputes are heard and how notarial acts operate in litigation and enforcement. It links institutional knowledge to practical drafting.
Courts
- Justices of the peace hear small claims and certain family and tenancy matters.
- The tribunaux d'arrondissement (Luxembourg and Diekirch) hear civil and commercial cases; the Cour d'appel reviews fact and law; the Cour de cassation reviews only points of law.
- Administrative justice runs through the tribunal administratif and the Cour administrative; the Cour constitutionnelle reviews statutes.
- The New Code of Civil Procedure (1998) governs pleading, evidence and delays.
Notarial acts in procedure
- The authentic act is a titre exécutoire: a creditor may enforce without a judgment.
- Enforcement requires service and respect for statutory delays; the debtor may oppose.
- Notaries also act in voluntary proceedings, sales on licitation and mortgage purges.
Worked example
A bank holds a notarial loan deed. The borrower defaults. The bank may instruct a huissier to enforce the deed directly, without obtaining a judgment, but must serve the act and allow the opposition period. If the debtor opposes, the enforcement judge decides. A private loan agreement would not give this short cut.
Traps
Confusing appeal with cassation, assuming a notarial deed cannot be challenged, and ignoring the distinction between ordinary and administrative courts cost marks.