Libyan Bar Admission Exam — Trainee Roll (امتحان القيد بجدول المحامين تحت التمرين)

Under Article 96 of the Libyan Civil Code, what is the effect of an acceptance that adds to, restricts or modifies the terms of the offer?

• AThe contract is formed on the offeror's original terms, and the added conditions are simp…
• BThe contract is formed on the modified terms unless the offeror objects within a reasonab…
• CThe reply counts as a rejection containing a new offer, which the offeror may accept or r…
• DThe contract is formed but becomes voidable at the option of the offeror.

A buyer purchased a painting believing it to be an original by a named artist, which was the main reason for buying it; it turns out to be a copy. Under Article 120 of the Libyan Civil Code, when may the buyer demand annulment for mistake?

• AOnly if it is essential and the seller shared it, knew of it, or could easily have detect…
• BWhenever the mistake is essential, regardless of whether the seller shared, knew of or co…
• COnly if the seller used fraudulent schemes to create the buyer's mistaken belief.
• DOnly if the price paid exceeded the painting's real value by more than one-half.

A seller deliberately stays silent about a demolition order already issued against the building being sold. The buyer proves that they would not have bought if they had known. How does Article 125 of the Libyan Civil Code treat the seller's silence?

• ASilence can never amount to fraud, so the buyer's only remedy is to ask for a price reduc…
• BThe silence makes the contract absolutely void, and any interested person may invoke the…
• CThe silence matters only if the seller also made a false positive statement about the bui…
• DIt is fraud, because intentional silence counts where the buyer would not otherwise have…

Under Article 127 of the Libyan Civil Code, which of the following does the court take into account when assessing whether duress (الإكراه) was serious enough to vitiate consent?

• AOnly whether the threat was made in writing and in front of witnesses who can later confi…
• BThe victim's sex, age, social and health condition, and any other relevant circumstance.
• COnly whether the threatened harm was aimed at the contracting party personally rather tha…
• DOnly whether the contract price was fair at the time of signing, since a fair price shows…

A contract concluded under mistake is later confirmed, expressly or tacitly, by the party entitled to annul it. Under Article 139 of the Libyan Civil Code, what is the effect of that confirmation?

• AIt creates a new contract that takes effect only from the date of confirmation, leaving t…
• BIt has no effect unless a Court of First Instance approves it.
• CIt ends the right to annul, with retroactive effect but without harming third parties' ri…
• DIt converts the contract into one that any interested party may still challenge for nulli…

Which statement about a void contract (العقد الباطل) is correct under Article 141 of the Libyan Civil Code?

• AAny interested party may invoke it, the court may raise it itself, and confirmation canno…
• BOnly the party whom the violated rule protects may invoke the nullity, and that party may…
• CThe court may not raise the nullity unless a party pleads it within three years of the co…
• DThe nullity disappears automatically once the contract has been fully performed.

A buyer was induced by fraud to sign a contract on 1 March 2010 and discovered the fraud on 1 June 2024. On 1 April 2026 the buyer sues to annul the contract. Under Article 140 of the Libyan Civil Code, is the claim still available?

• AYes, because the three-year period runs from discovery of the fraud and has not yet expir…
• BNo, because fifteen years have passed since the contract was concluded.
• CYes, because claims based on fraud are never subject to any time limit under the Civil Co…
• DNo, because the right to annul for fraud lapses one year after the contract regardless of…

Under Article 147 of the Libyan Civil Code, what may the judge do when exceptional general events that could not have been foreseen make performance of a contractual obligation excessively onerous, though not impossible?

• ADeclare the contract dissolved automatically with retroactive effect.
• BNothing, because a contract may be amended only by agreement of both parties.
• CReduce the obligation only if the contract contains a hardship clause, since the parties…
• DReduce the onerous obligation to a reasonable limit after balancing the parties' interest…

A lease states that it shall be deemed rescinded automatically, without need for a court judgment, if rent is not paid. The tenant defaults. Under Article 160 of the Libyan Civil Code, what must the landlord still do before relying on the rescission, unless the parties agreed otherwise?

• AServe formal notice (إعذار) on the tenant, since the clause does not waive it.
• BObtain a court judgment confirming the rescission, since only a judgment can end a lease.
• CObtain the tenant's written consent to the rescission before re-letting the property.
• DNothing, because an automatic rescission clause always dispenses with formal notice.

In a bilateral contract, one party's obligation is extinguished because performance has become impossible. What happens to the contract under Article 161 of the Libyan Civil Code?

• AThe contract stays in force, and the other party must continue to perform in full.
• BThe contract remains in force, but the debtor owes damages even though the impossibility…
• CThe corresponding obligations are also extinguished, and the contract is rescinded by ope…
• DThe contract is suspended until a court decides whether to rescind it.

Under Article 163 of the Libyan Civil Code, when may a party to a bilateral contract refuse to perform its own obligation?

• AOnly after obtaining a court order authorising it to suspend performance.
• BWhen both obligations are due and the other party has not performed its own.
• COnly when the other party has been declared bankrupt by the competent court.
• DAt any time, even if its own obligation falls due before the other party's obligation.

A buyer pays 95% of the price but fails to pay the last 5%. After serving formal notice, the seller sues for rescission under Article 159 of the Libyan Civil Code. Which power does the court have?

• AIt must order rescission, because any non-performance entitles the creditor to rescission…
• BIt may award only damages, because rescission is unavailable once part of the price has b…
• CIt must first refer the dispute to arbitration before ruling on rescission.
• DIt may grant the buyer time, or refuse rescission because the unpaid part is minor.

Article 166 of the Libyan Civil Code sets the general rule of liability for unlawful acts (العمل غير المشروع). What must the injured person establish?

• AA fault (خطأ), damage (ضرر), and a causal link between the fault and the damage.
• BA prior contract with the wrongdoer and a breach of one of its terms.
• CA criminal conviction of the wrongdoer for the same act by a competent criminal court.
• DProof that the wrongdoer intended to cause the damage, not merely that they were careless.

A labour-supply agency sends a driver to a company, which cannot choose who is sent but directs and supervises the driver's work. While on a delivery for the company, the driver negligently injures a pedestrian. Is the company liable as principal (المتبوع) under Article 177 of the Libyan Civil Code?

• ANo, because a principal is liable only for subordinates it was free to select and hire it…
• BNo, because a principal is liable only if the subordinate is insolvent and cannot pay.
• CYes, because it had actual authority to direct and supervise him and the act occurred on…
• DYes, but only if the company personally ordered or approved the negligent driving.

A factory's industrial press injures a visitor. Under Article 181 of the Libyan Civil Code, how can the factory, as custodian (حارس) of the machine, avoid liability?

• ABy proving that it inspected and maintained the press with ordinary care before the accid…
• BBy proving that the damage was caused by a foreign cause beyond its control.
• CBy proving that it did not own the press but only leased it.
• DBy proving that it had no intention of causing harm.

A victim learned of the damage and of the person responsible on 10 May 2022. The harmful act was also a crime, and the criminal action had not lapsed on 10 May 2025. What does Article 175 of the Libyan Civil Code provide for the compensation claim?

• AIt lapsed on 10 May 2023, one year after the victim's knowledge.
• BIt lapses fifteen years after the victim's knowledge, whatever the criminal position.
• CIt never lapses, because compensation claims arising from crimes cannot be time-barred.
• DIt remains open for as long as the related criminal action has not lapsed.

Which statement reflects Article 182 of the Libyan Civil Code on unjust enrichment (الإثراء بلا سبب)?

• AThe enriched person compensates the loss within the limits of the gain, even if the gain…
• BRecovery is limited to cases where the enriched person had full discernment and acted in…
• CThe enriched person must pay double the amount of the enrichment as a civil penalty to de…
• DThe obligation lapses automatically if the enrichment is later lost, since there is nothi…

A person receives a sum of money that was not owed to them. Under Article 188 of the Libyan Civil Code, how does the recipient's good or bad faith affect what must be returned?

• AGood or bad faith makes no difference; every recipient must return the sum plus fruits fr…
• BA good-faith recipient may keep the payment, while a bad-faith recipient must return it w…
• CGood faith: return only what was received; bad faith: fruits from payment too; everyone:…
• DA bad-faith recipient returns only the principal, while fruits are owed only by a good-fa…

What is the general limitation period for an action to enforce an obligation under Article 361 of the Libyan Civil Code, unless a special provision applies?

• ATen years
• BFifteen years
• CFive years
• DThirty years

A landlord sues for rent instalments that fell due six years ago; the tenant had acknowledged the debt. Under Article 362 of the Libyan Civil Code, what limitation period applies to such periodic renewable rights?

• AFifteen years, because the tenant acknowledged the debt.
• BOne year from each due date, as for other short-term claims.
• CThree years from the end of the lease, as for claims for taxes and fees.
• DFive years, even though the tenant acknowledged the debt.

Under Articles 369 to 372 of the Libyan Civil Code, what is the difference between suspension (وقف) and interruption (انقطاع) of prescription?

• ASuspension pauses the running of time; interruption erases elapsed time and starts a new…
• BSuspension erases the time already elapsed, whereas interruption merely pauses the period.
• CSuspension applies only in criminal matters, whereas interruption applies only in civil m…
• DSuspension requires a court order, whereas interruption requires a written agreement betw…

A usufruct over farmland was granted for twenty years, but the usufructuary dies after eight years while a crop is still standing. What follows under Article 997 of the Libyan Civil Code?

• AThe usufruct passes to the heirs for the remaining twelve years of the agreed term.
• BThe usufruct continues until the twenty-year term ends, provided the heirs pay the owner…
• CIt ends at death, but the heirs keep the land until the standing crop is harvested, payin…
• DIt ends, and the bare owner takes the standing crop without paying the heirs any compensa…

How does the Libyan Civil Code distinguish a contractual mortgage (الرهن الاتفاقي) from a possessory pledge (الرهن الحيازي)?

• AA contractual mortgage may be created over future property, whereas a possessory pledge m…
• BA mortgage needs an official document; a pledge needs delivery to the creditor or an agre…
• CA contractual mortgage transfers possession to the creditor, whereas a possessory pledge…
• DBoth are created by simple private writing, and neither gives the creditor priority over…

Under Articles 43 and 44 of the Libyan Code of Civil and Commercial Procedure, which claim falls within the competence of the Summary Court (المحكمة الجزئية) whatever its value?

• AA claim to dissolve a joint-stock company, whatever the value of its capital.
• BA claim for a very large sum under a construction contract between two merchants.
• CAn action to establish ownership of disputed real property worth a large sum.
• DA possession action, or a boundary action where ownership is not disputed.

In an action concerning a personal or movable right, which court has territorial jurisdiction under Article 53 of the Libyan Code of Civil and Commercial Procedure?

• AThe court of the defendant's domicile (or residence, if none in Libya).
• BThe court of the plaintiff's domicile, since the plaintiff chooses the forum.
• CThe court of the place where the plaintiff's lawyer has an office.
• DThe Tripoli Court of First Instance, as the court of the capital.

A claimant brings a real action (دعوى عينية عقارية) concerning land that lies across the circuits of two courts. Which court has territorial jurisdiction under Article 54 of the Libyan Code of Civil and Commercial Procedure?

• AOnly the court of the defendant's domicile, as for any personal claim.
• BOnly the court of the plaintiff's domicile, since the plaintiff owns the claim.
• CThe court in whose circuit the property, or any part of it, is located.
• DThe court designated by the land registry office where the land is recorded.

A defendant wants to object that the court lacks territorial jurisdiction. Under Article 76 of the Libyan Code of Civil and Commercial Procedure, when and how must the objection be made?

• AAt any stage of the proceedings, including for the first time on appeal.
• BOnly at the first hearing at first instance, naming the court it considers competent.
• COnly after the court has heard the witnesses on the merits and before closing arguments.
• DAt any time before judgment, and the court must raise it of its own motion if the defenda…

Under Article 76 of the Libyan Code of Civil and Commercial Procedure, how must a court treat a case that falls outside its subject-matter jurisdiction (الاختصاص النوعي)?

• AIt may hear the case if neither party objects at the first hearing.
• BIt may decline jurisdiction only if a party raises the objection in writing.
• CIt must declare its lack of jurisdiction of its own motion, at any stage.
• DIt must refer the question of jurisdiction to the Supreme Court.

The same claim between the same parties is filed first before the Benghazi Court of First Instance and later before the Misrata Court of First Instance. What must the Misrata court do under Article 77 of the Libyan Code of Civil and Commercial Procedure?

• AStay the case and strike it from its roll, even of its own motion.
• BHear the case, because the court seized later takes priority over the earlier one.
• CDismiss both cases permanently so that the claimant must start again.
• DWait for a party's written request, since the court cannot act of its own motion.

Under Article 80 of the Libyan Code of Civil and Commercial Procedure, how is a civil action ordinarily brought before the court?

• ABy an oral request to the court president at a public hearing.
• BBy a registered letter sent by the claimant's lawyer directly to the defendant.
• CBy a notice published in a daily newspaper circulating in the defendant's area.
• DBy a statement of claim served on the defendant by a bailiff (المحضر).

A bailiff does not find the person to be served at their domicile. Under Article 12 of the Libyan Code of Civil and Commercial Procedure, to whom should the document first be delivered?

• ATo any neighbour who agrees to accept it and sign the bailiff's record.
• BTo the claimant's lawyer, who must forward it to the defendant.
• CTo the person's agent, or to a spouse, relative or in-law living with them.
• DTo nobody; the bailiff must return the document to the court, and the action lapses.

Under Articles 301 and 311 of the Libyan Code of Civil and Commercial Procedure, what is the time limit for an appeal (الاستئناف), and from when does it run?

• ATen days from the pronouncement of the judgment.
• BThirty days, counted from service of the judgment.
• CSixty days from the date the judgment was pronounced.
• DNinety days from the date the case was filed.

A first-instance judgment was based on a document later shown to be forged; the forger admits the forgery four months after the judgment was served. Under Article 312 of the Libyan Code of Civil and Commercial Procedure, when does the appeal period start?

• AFrom service of the judgment, so the appeal is already out of time.
• BFrom the date of the hearing at which the document was produced.
• CNever, because the judgment has already become final.
• DFrom the day the forger admitted the forgery.

Which of the following is a ground for a petition for reconsideration (التماس إعادة النظر) of a final judgment under Article 328 of the Libyan Code of Civil and Commercial Procedure?

• AThe judgment awarded something the parties did not request, or more than they requested.
• BAfter judgment, the losing party found documents it could have produced at trial but had…
• CThe court misinterpreted the applicable law.
• DThe losing party disagrees with how the court weighed the witness evidence.

A party files a cassation appeal (الطعن بالنقض) against a civil judgment. Under Article 340 of the Libyan Code of Civil and Commercial Procedure, what is the effect on enforcement of that judgment?

• AEnforcement is automatically suspended until the cassation appeal is decided.
• BEnforcement is suspended only if the opponent consents in writing.
• CNo automatic stay, but the court may order a temporary stay on request.
• DThe judgment can never be enforced once a cassation appeal has been filed.

During proceedings, a first-instance court orders an expert report before deciding the merits. Under Article 300 of the Libyan Code of Civil and Commercial Procedure, when can that ruling be challenged?

• AImmediately, within thirty days of its pronouncement.
• BOnly together with the challenge to the merits judgment.
• CNever, because rulings made before the merits are final.
• DOnly by a petition for reconsideration to the same court.

A creditor produces a signed private writing (ورقة عرفية) against the debtor's heir. Under Article 381 of the Libyan Civil Code, what must the heir do to challenge the signature?

• AExpressly deny the signature, exactly as the original signatory would have had to do.
• BNothing, because private writings have no evidential value against heirs at all.
• CFile a criminal complaint for forgery before the civil case can continue.
• DSwear they do not know the signature belongs to the person they inherit from.

In a non-commercial matter, a party wants to prove by witnesses that the parties orally agreed a lower price than the one in their signed written contract. The amount is below the statutory threshold for witness evidence. Is witness evidence admissible under Article 388 of the Libyan Civil Code?

• ANo, because witnesses cannot contradict a written instrument, even below the threshold.
• BYes, because the value is below the statutory threshold, so witnesses are always admissib…
• CYes, provided the party produces at least two witnesses of good character.
• DNo, because witness evidence is never admissible in any civil matter.

Under Articles 389 and 391 of the Libyan Civil Code, when may a party use witness evidence to prove a legal act that would normally have to be proved in writing?

• AWhenever the judge considers the witnesses honest and their accounts consistent.
• BWhenever the other party happens to be a merchant, even in a purely civil matter.
• CWith a beginning of written proof, an impediment to getting writing, or loss beyond one's…
• DWhen the party did not think a written document was necessary at the time the agreement w…

A party tenders the decisory oath (اليمين الحاسمة) to the opponent, who refuses to swear and does not tender it back. What is the consequence under Article 403 of the Libyan Civil Code?

• AThe refusal has no set effect; the judge weighs it along with the other evidence.
• BThe party who refused without tendering it back loses their claim.
• CThe judge must order a fresh hearing of witnesses on the same disputed fact.
• DThe refusal merely shifts the burden of proof to the party who tendered the oath.

Which statement correctly reflects Article 393 of the Libyan Civil Code on judgments that have acquired the force of res judicata (قوة الأمر المقضي)?

• AThey bind everyone in Libya, whether or not they were parties to the original case.
• BThey apply whenever the same subject matter is in issue, even if the cause differs.
• CThe court must apply their authority of its own motion even if neither party raises it.
• DThey bind only the same parties, on the same subject and cause, and must be pleaded.

Under Article 378 of the Libyan Civil Code, what is the evidential force of an official document (ورقة رسمية) drawn up by a competent public officer?

• AIt is conclusive against everyone unless shown to be forged by the legal procedure.
• BIt is only prima facie evidence, which any party may rebut with ordinary witness testimon…
• CIt binds only the public officer who drew it up, not the parties.
• DIt has only the value of a private writing, whatever its form or author.

Which principle is stated in Article 1 of the Libyan Penal Code?

• AIgnorance of the criminal law excuses the offender.
• BThe judge may create offences by analogy where conduct resembles a listed crime.
• CThere is no crime and no penalty except by a legal text.
• DCrimes are punished under the law in force at the time the judgment is pronounced.

An offence is committed in 2024. Before a final judgment, a new law reduces the penalty for that offence. Which law applies under Article 2 of the Libyan Penal Code?

• AThe new, more lenient law, because it was issued before a final judgment.
• BThe old law, because criminal laws never apply to earlier acts.
• CWhichever law the prosecution chooses to rely on.
• DThe new law only if the accused has already been convicted at first instance.

A Libyan statute punishes an act with detention (الحبس) of up to one month or a fine of up to ten dinars. How is the offence classified under Articles 52 to 55 of the Libyan Penal Code?

• AAs a felony (جناية), because it carries a custodial penalty.
• BAs a misdemeanour (جنحة), because it carries detention.
• CIt cannot be classified until the judge imposes a sentence.
• DAs a contravention (مخالفة), given those two maximum penalties.

Under Article 59 of the Libyan Penal Code, what is a punishable attempt (الشروع)?

• AForming a firm decision to commit a felony and telling others about the plan in detail.
• BStarting to carry out the crime, which is halted for reasons beyond the offender's will.
• CBuying the tools needed for a crime, even if nothing further is done afterwards.
• DAny conduct that leads the police to suspect that a crime is being planned.

Under Article 60 of the Libyan Penal Code, what penalty applies to an attempted felony whose completed form is punishable by life imprisonment (السجن المؤبد)?

• ALife imprisonment, the same as the completed crime.
• BDetention of up to three years.
• CImprisonment of not less than eight years.
• DHalf of the life sentence, fixed at twelve and a half years.

Under Article 63 of the Libyan Penal Code, when is a felony or misdemeanour committed with criminal intent (قصد عمدي)?

• AWhen the offender foresees and wills the harm or danger the crime requires.
• BWhenever the offender acted carelessly, even without foreseeing the result.
• COnly when the offender planned the crime in writing or discussed it with others.
• DWhenever the resulting harm is more serious than the offender intended.