Civil Law and Procedure
What this domain tests
This domain covers the Muluki Civil Code 2074 and the Muluki Civil Procedure Code 2074 - persons, contracts, property, torts, limitation, and the path of a civil suit from plaint to execution. Expect fact patterns that require you to identify the cause of action, the correct court and the remedy.
Core rules
- Capacity: majority begins at 18; a transaction by a person without capacity does not bind that person.
- Consent must be free. Coercion, undue influence, fraud, misrepresentation or mistake render a transaction voidable, not automatically void.
- Limitation: the Code fixes periods for each claim. Expiry bars the remedy, not the right, and limitation must be raised as a defence.
- Pleadings: material facts, not evidence; cause of action; territorial and pecuniary jurisdiction; ad valorem court fee; clear relief sought.
- Response: written statement, then framing of issues; res judicata, want of jurisdiction and limitation are standard defences.
- Interim relief: a temporary injunction may preserve the status quo pending judgment.
Worked example
A agrees to sell land to B, receives the price, then sells and registers the same land to C. B sues for cancellation and specific performance, impleading C. Reasoning: A cannot transfer a better title than he holds; registration does not cure a void or fraudulent transfer. B must show the first agreement, payment, readiness to perform, and must file within the limitation period.
Traps that cost marks
Pleading evidence instead of material facts; confusing void and voidable transactions; believing registration perfects any title; overlooking limitation or the court fee valuation; suing in a court without territorial jurisdiction.