Test B 2019

Question 1

Structure of courts.

Answer 1

• District courts ( court of 1st instance).
• County courts ( court of 1st instance/ appeal).
• High courts of appeal.
• Supreme court ( 2nd appeal, harmonised decisions).
• Jurisdiction ( subject) + competence ( geographical area).

Question 2

Exclusion of liability- when it is ø valid. ( warranty)

Answer 2

• May be excluded with mutual agreement.
• The exclusion is ø valid:
  > If caused intentionally, by serious negligence, or by crime.
  > The goods ( animal) damages life, physical integrity, health.
  > There is ø proper compensation for the loss of value.

Question 3

Definition of liability of damages.

Answer 3

• Mandator ( Principal) + mandatee ( agent): joint + several liability: injured party can claim compensation from either of them ( who can pay): 100% of the damage.
• Exc: Only the mandatee is liable if the mandatory can proves that he :
  > choose
  > instructed
  > supervised properly the mandatee.

Question 4

May refuse to testify as a witness in a civil suit.

Answer 4

• By any close relative of the parties.
• Any person whose testimony would implicate himself/ his close relative referred to in the commission of crime, to the extent covered by that subject.
• By attorneys, doctors + other persons bound to confidentiality stemming from their profession, if their testimony would entail their having to breach the obligation of confidentiality, except if the concerned party granted an exemption from this obligation.
• Persons bound to keep business secrets in respect of the subjects if their testimony would entail their having to breach the obligation of confidentiality.

Question 5

Define prohibition to exercise professional activity.

Answer 5

• May be imposed upon a person who has committed a criminal offense through the violation of the rules of his/ her profession requiring professional qualifications/ knowingly, by using his profession.

Question 6

Misuse of poison.

Answer 6

• Any person who- without proper authorization- prepares, possesses, uses or distributes poison, or who fails to take the measures prescribed for the prevention of any illegal use of poisons/ for the protection of others is guilty of a misdemeanor, insofar as the act did ø result in a more serious criminal offense.