Libyan Bar Admission Exam cheat sheet

Contract formation requires offer, acceptance, capacity, lawful object, and cause; absence of any element renders contract void or voidable per Civil Code.

Obligations arise from contract, unilateral will, unjust enrichment, and tort (Art. 65 Libyan Civil Code).

Tort liability requires fault, damage, and causal link; no liability without fault except strict liability cases (e.g., animals, buildings).

Damages cover actual loss and lost profit, but must be foreseeable at contract formation (Art. 224).

Force majeure excuses performance if unforeseeable, irresistible, and external; burden of proof on debtor.

Statute of limitations for contractual claims is 15 years; tort claims 3 years from knowledge (Civil Code).

Solidary liability: each debtor liable for whole debt unless otherwise agreed; contribution among debtors pro rata.

Contract interpretation follows common intention, not literal words; ambiguity resolved against drafter.

Commercial acts defined by subject (merchant) or object (Commercial Code Art. 1-5); include sale, lease, agency, transport, insurance.

Merchant must register in Commercial Register; failure affects enforceability of commercial claims.

Commercial obligations are solidary unless otherwise agreed (Commercial Code).

Companies: partnership (all general partners), limited partnership (general + limited), LLC (partners liable up to shares), joint-stock (shareholders liable up to shares).

Joint-stock company minimum capital and governance per Libyan Commercial Code; board of directors required.

Commercial sale: buyer must inspect goods and notify defects within short period; otherwise deemed accepted.

Bankruptcy procedures: declaration, verification of debts, liquidation, distribution; fraudulent bankruptcy criminal.

Commercial agency termination requires notice; agent entitled to compensation for clientele.

Legality principle: no crime or penalty without prior law (Constitution, Penal Code Art. 1).

Crime elements: legal element, material act (actus reus), moral element (mens rea: intent or negligence).

Penalties: principal (death, imprisonment, fine) and accessory (deprivation of rights, confiscation).

Attempt punishable if overt act begins execution and fails for external reason; penalty reduced.

Criminal procedure: investigation by police under prosecutor supervision; arrest requires warrant except flagrante delicto.

Detention max 4 days renewable by prosecutor; judge must review within 15 days.

Right to counsel from first interrogation; confessions under duress inadmissible.

Appeal within 10 days of judgment; cassation to Supreme Court on points of law.

Jurisdiction: defendant's domicile; contract disputes may be filed where contract performed or goods delivered.

Statement of claim must include parties, subject, facts, legal grounds, and requests; otherwise inadmissible.

Summons must be served personally; substituted service allowed if personal not possible after two attempts.

Defendant must respond within 15 days; default judgment possible if no response.

Evidence: written documents, testimony, expert report, inspection, oath; burden of proof on plaintiff.

Interim measures: attachment, receiver, injunction; require urgency and prima facie case.

Judgment must be reasoned; appeal within 30 days (civil) from notification.

Res judicata: final judgment binding; enforcement via execution office.

Marriage contract requires offer, acceptance, witnesses, and guardian for minor bride (maliki school).

Minimum marriage age 18 for both; court may authorize earlier for exceptional interest.

Divorce: talaq by husband, khul' by wife with compensation, judicial divorce for harm or desertion.

Custody (hadana) prioritizes mother then female relatives; ends at puberty for boys, marriage for girls.

Inheritance shares fixed by Quran (fard); residuaries (asaba) take remainder.

Heirs barred by homicide, apostasy, or slavery; difference of religion may bar inheritance.

Will (wasiyya) limited to one-third of estate; excess requires heir consent.

Estate debts and funeral expenses paid before distribution.

Constitutional Declaration 2011 (amended) serves as interim constitution; Islam is state religion, sharia source of legislation.

Separation of powers: legislative (House of Representatives), executive (Government), judicial (courts).

Judicial independence guaranteed; judges appointed by Supreme Judicial Council.

Supreme Court: cassation, constitutional review of laws, conflict of jurisdiction.

Administrative judiciary: Administrative Court and Supreme Administrative Court.

Citizens equal before law; no discrimination; personal freedom protected except by judicial order.

Treaties ratified have force of law; cannot contradict constitution.

Administrative decision must be lawful, reasoned, and within authority; otherwise annullable.

Grounds for annulment: lack of jurisdiction, procedural defect, misuse of power, violation of law.

Time limit to challenge administrative decision: 60 days from notification or knowledge.

Administrative contract: public entity may modify unilaterally for public interest; contractor compensated.

Public service principles: continuity, equality, adaptability; strike may be restricted.

State liability for wrongful administrative acts: fault, damage, causation; strict liability for dangerous activities.

Administrative procedure: hearing before adverse decision; reasoned decision; notification.

Lawyer must maintain confidentiality of client information; exception for preventing future crime.

Conflict of interest: cannot represent opposing parties in same or related matter.

Fee agreements must be in writing; contingent fees allowed except in criminal cases.

Lawyer must not advertise falsely or solicit clients; dignity of profession.

Duty to court: candor, no false evidence; duty to client: diligence, communication.

Professional secrecy continues after termination of engagement.

Disciplinary penalties: warning, reprimand, suspension, disbarment; imposed by Bar Council.

Employment contract must be written; probation period max 3 months.

Working hours max 48 per week; overtime paid at 1.5x; exceptions for managerial roles.

Annual leave: 30 days minimum; sick leave per schedule; maternity leave 14 weeks.

Termination requires valid reason; arbitrary dismissal compensation up to 3 months' wages.

End-of-service gratuity: one month's wage per year of service (Labor Law).

Social security contributions: employer and employee shares; covers old age, disability, death, work injury.

Labor disputes: conciliation before Labor Court; strikes regulated.