Test A 2019

Question 1

Define Warranty.

Answer 1

• Objective consequence of the defective performance ( without justification) : on the basis of a contract in which the parties owe mutual services to 1 another, the obligor shall be liable to provide warranty for lack of conformity.
• On the basis of law:
  > the obliger ( seller) is obliged to compensate regardless that his/ her behaviour was
  > intentional,
  > negligent
  > or he/she acted in good faith.

Question 2

Define malpractice.

Answer 2

Any person who engages in misconduct in the course of engaging in his profession, thus causing imminent danger to the life, bodily integrity/ health of another person/ persons by his failure to act with reasonable care, or causes bodily harm, is guilty of a misdemeanor.

Question 3

Evidences in a criminal procedure.

Answer 3

• Witness testimony.
• Expert opinion.
• Physical evidence.
• Documents.
• Pleadings of the defendant.
• Shall be traced, gathered, secured + used in compliance with the law.
• In the course of criminal proceedings, all means of evidence + all evidentiary procedures may be used without restriction. However, the use of certain means of evidence may also be statutory.

Question 4

Exclusion of strict liability.

Answer 4

- Unavoidable ext reason:
> Vis major.
> Injured party's unavoidable action.
> 3rd person's unavoidable action.
> Unavoidable effect of other ext event.
- Time limit: 3 yrs.

Question 5

Liability of administrative authorities.

Answer 5

• Liability for damages caused within the scope of administrative jurisdiction shall be established only if the damage results from actions/ omissions in the exercise of public authority, + if the damage cannot be abated by common remedies/ in proceedings for the judicial review of an administrative decision.
• Liability lies with the legal person exercising public authority/ with the administrative body having legal personality, on whose behalf the relevant administrative body operates.

Question 6

Responsibility of public prosecutors office.

Answer 6

• Control + protection of legality in all fields.
• Prosecution of crimes.
• Protection of citizenship rights.
• Control, supervision of legality of procedures.
• Representation of prosecution in legal proceedings.
• Participation in private cases.
• Supervision in private cases.
• Supervision of penitentiary system.
• Order, supervise/ carry out investigations.