Test C 2019

Question 1

Structure of prosecutors office.

Answer 1

• Municipal prosecutor’s office.
• County prosecutor’s office.
• Appellate prosecutor’s office.
• Chief Prosecutor’s ( Public Prosecutor General).
• Jurisdiction + competence= courts.

Question 2

Defective performance.

Answer 2

• The goods/ service does ø comply with the legal characteristics/ with the characteristics stipulated in the contract + the defect at the time of delivery.

Question 3

Damages.

Answer 3

• Material damage:
  > Real loss ( depreciation in value).
  > Unrealised profit ( pecuniary advantage loss).
  > Justified expenses ( costs necessary for the mitigation / elimination of the financial losses).
  > ø emotional damage.
• Immaterial damage:
  > Violation of someone’s personal rights.

Question 4

Liability of actions of agents.

Answer 4

• If an agent causes damage to a 3rd party in connection with his assignment, liability in relation to the injured person lies with the principal + the agent jointly + severally. The principal shall be relieved of liability if he is able to prove that eh has ø acted wrongfully in terms of choosing, instructing + supervising his agent.
• In respect of permanent agency, the injured party shall be inter alia entitles to enforce his claim according to the regulations governing the liability for damages caused by employees.

Question 5

An act of crime of criminal negligence.

Answer 5

• An act of crime is committed by criminal negligence where the perpetrator is able to anticipate the possible consequences of his conduct, but carelessly relies on their non- occurrence, / fails to foresee such possible consequences through conduct characterized by carelessness + neglectfulness.

Question 6

Violation of epidemic control regulation.

Answer 6

Any person who breaches epidemiological measures introduced for the prevention of the spreading- within/ across the border- of infectious animal diseases/ for the eradication of such is punishable for misdemeanor.