Civil Law and Civil Procedure
Civil Law and Civil Procedure tests whether you can classify a private dispute, apply substantive rules, and then prove the claim within civil procedure. Expect combined questions on contract, tort, property, and procedural posture.
Core rules
- A juristic act needs capacity, a proper expression of intent, and no defect; validity is distinct from enforceability.
- Obligations arise from contract, tort, unjust enrichment, and negotiorum gestio. Identify the claim basis before discussing remedies.
- Property rights follow numerus clausus and require the statutory transfer formalities, typically registration for immovables.
- Procedure follows the disposition principle, the burden of proof, and res judicata. A court cannot award what was not claimed.
Worked example
A 17-year-old buys a scooter on installment and damages it in a collision. The contract is not void; it is pending ratification by the guardian. If the guardian refuses, the seller cannot enforce payment but must handle restitution. The tort claim requires proof of fault, damage, and causation; a minor's liability depends on capacity at the time of the act, and guardian liability depends on negligent supervision. Procedurally, the seller bears the burden of proving contract formation and delivery, while the minor raises lack of capacity.
Traps
- Calling every defective act void when it is merely voidable or pending ratification.
- Mixing contract damages with tort damages without separate elements.
- Ignoring limitation periods and res judicata.
- Pleading facts without identifying the legal claim and the requested relief.