Libyan Bar Admission Exam key terms

A legal bond obliging a person (the debtor) to give, do, or refrain from something for the benefit of another (the creditor), enforceable by law if voluntarily performed.

Failure by a debtor to perform an obligation as agreed, whether by non-performance, delay, or defective performance, entitling the creditor to remedies such as forced performance, damages, or termination.

Compensation awarded to repair harm caused by breach of obligation or by tort, covering actual loss suffered and lost profit, provided the harm is direct and foreseeable at the time of contract.

Liability arising from harm caused by fault without a prior contract, requiring proof of error, damage, and causal link; also applied to harm from dangerous things under strict liability.

The causal connection between a wrongful act or breach and the resulting harm; without it no liability attaches. Intervening causes and force majeure may break the chain.

An unforeseeable and unavoidable external event that prevents performance and excuses the debtor from liability, provided it could not have been prevented by reasonable care.

A clause fixing in advance the amount of compensation payable on breach, allowing the judge to reduce it if the actual harm is less or the amount is excessive.

A source of obligation requiring a person who has enriched themselves without legal cause at another's expense to restore the enrichment, within the limits of the loss.

Benevolent intervention in another's affairs without authority; the intervener must continue the management and is liable for fault, and the principal must reimburse necessary expenses.

A company formed by two or more persons to carry on commercial activity and share profits and losses, governed by the commercial code and taking one of the recognized corporate forms.

A company whose capital is divided into freely transferable shares, where shareholders are liable only up to the value of their shares and management is entrusted to a board of directors.

A company with a fixed capital divided into parts not represented by negotiable shares, where partners are liable only to the extent of their contributions; transfer of shares requires formalities.

A negotiable instrument such as a bill of exchange, promissory note, or cheque, embodying an autonomous obligation to pay a sum of money and transferable by endorsement.

A written order by one person (the drawer) directing another (the drawee) to pay a specified sum to a named payee or bearer at a stated date, and requiring acceptance by the drawee.

The act of transferring a negotiable instrument by writing an endorsement on its back and delivering it, which may be full, blank, restrictive, or for security purposes.

A person who carries on commercial acts habitually as a profession, subject to merchant obligations such as commercial registration, proper accounting, and special rules of bankruptcy.

Acts classified by law as commercial, whether by nature such as purchase for resale or by accessory connection to a merchant's trade, which attract the application of commercial law.

An act or omission defined by criminal law as punishable, comprising legal elements (legality, material act, and moral element) and justifying the sanction imposed by the state.

The mental element of a crime, being intent or negligence as required by the definition; without it the act is not punishable except where the law imposes strict liability.

Beginning the execution of a crime with the intent to complete it, where completion is prevented by an external cause; it is punishable only where the law expressly provides.

A justification removing criminal liability where a person uses proportionate force to repel an imminent unlawful attack on themselves, others, property, or honor, provided no excessive response.

Pre-trial detention ordered by the investigating judge or court where release would endanger public order or the investigation, subject to statutory time limits and periodic review.

The legal authority of a court to hear a case, determined by subject matter, territorial connection, and value of the claim; lack of jurisdiction may be raised at any stage.

The procedural action by which a claimant asks a court to protect a right, comprising parties, subject matter, and cause, and which must meet admissibility conditions.

An ordinary appeal by which a losing party asks a higher court to review a first-instance judgment on facts and law, within the statutory period and following prescribed procedures.

An extraordinary appeal to the Supreme Court limited to reviewing errors of law and procedural defects, not re-examining facts, and available only after exhausting ordinary appeals.

The property or sum the husband must give the wife under the marriage contract; it becomes her exclusive right, and the contract may specify it as prompt or deferred.

The contract creating a lawful marital bond between a man and a woman, concluded with offer and acceptance, consent of the guardian where required, witnesses, and competence of the parties.

The dissolution of a valid marriage by the husband's unilateral repudiation, effective upon pronouncement but subject to registration and to the wife's rights of maintenance and custody.

Dissolution of marriage at the wife's initiative, by agreement or court order, in return for compensation paid to the husband, ending the marital bond without the husband's repudiation.

The waiting period a woman must observe after divorce or the husband's death, during which remarriage is barred and maintenance may be owed, to establish possible pregnancy.

The rule of inheritance under which specified male relatives, and those sharing their category, take the residue of the estate after fixed shares are allotted, excluding remote kindred.

A fixed share of the estate prescribed by law for certain heirs, such as one-half, one-quarter, or one-eighth, allotted before any residue goes to agnates.

The principle that all public authorities are bound by law and may act only within powers conferred by legal rules, forming the foundation of constitutional and administrative legality.

Judicial review of the constitutionality of laws and of the legality of administrative acts, exercised by designated courts whose judgments bind the authorities concerned.

A unilateral legal act of a public authority expressing its will in the field of administrative law, creating, modifying, or extinguishing rights, and subject to challenge before administrative courts.

An action seeking annulment of an unlawful administrative decision, available to affected persons and limited to legal defects; it differs from actions for compensation or full judicial review.

A ground for annulling an administrative decision where the issuing authority lacked the power to act, whether by subject matter, place, or time, or usurped another authority's function.

The lawyer's duty to keep confidential all information learned from the client in the course of representation, surviving the end of the mandate and protected by professional discipline.

A situation where the lawyer's duties to a client conflict with their own interests or those of another client, requiring disclosure, withdrawal, or refusal of the mandate.

The contract by which a client authorizes a lawyer to perform legal acts on their behalf, defining the scope of authority and the lawyer's duty of care and loyalty.

A contract under which a worker undertakes to work under the employer's direction for remuneration; its terms must respect statutory minimum rights, and termination is regulated by law.

Termination of an employment contract by the employer without lawful cause, entitling the worker to compensation and possibly reinstatement, as determined by the labor court.

The remuneration owed to a worker for their labor, including base pay and regular benefits, protected against unlawful deduction and subject to minimum wage and social security rules.

The statutory system of contributory and assistance-based protection covering employment injuries, sickness, old age, disability, and family burdens, administered by public institutions.