Examen spécial pour l'obtention du Certificat d'aptitude à l'exercice de la profession d'avocat (Morocco)

Under Article 2 of Morocco's Dahir formant Code des obligations et des contrats (DOC), which set contains the essential elements required for a valid obligation arising from a declaration of will?

• ACapacity to bind oneself, a valid declaration of will, a certain object, and a lawful cau…
• BA notarized instrument, two witnesses, delivery, and court approval
• CMoroccan nationality, majority, registration, and publication
• DA written offer, a cash deposit, tax clearance, and administrative authorization

What is fraud (dol) under Article 52 of the Moroccan DOC?

• AAny mistake in calculation, even when immediately corrected
• BDevices or concealment by one party, its representative, or an accomplice that induced th…
• CAny later failure to perform a valid contract
• DA difference between the market value and the agreed price, without more

Under Article 55 of the Moroccan DOC, what is the general effect of lesion (lésion) on a contract?

• AIt automatically nullifies every contract in which the values exchanged differ
• BIt always converts the contract into a gift
• CIt is not, by itself, a ground for rescission unless accompanied by the other party's fra…
• DIt makes the contract criminally punishable whenever the difference exceeds ten percent

Which statement follows Article 306 of the Moroccan DOC on null obligations?

• AA null obligation remains fully enforceable until ten years have elapsed
• BOnly obligations involving real property can be null
• CNullity merely reduces damages but leaves the obligation intact
• DA null obligation produces no effect except restitution of what was unduly received; null…

Which conduct is the basis of liability described in Article 77 of the Moroccan DOC?

• AAn intentional and unlawful act that directly causes material or moral damage to another…
• BA lawful act that causes no damage but is disliked by a neighbor
• CA breach of etiquette that has no causal connection to loss
• DA change of mind before any obligation is formed

Under Article 85 of the Moroccan DOC, when may an employer or principal be civilly responsible for damage caused by an employee or agent?

• AOnly when the employer personally signed the injured party's contract
• BWhen the employee or agent caused the damage while performing the functions for which tha…
• COnly after the employee has been convicted of a felony
• DWhenever the employee causes any private harm outside work

Which description best matches force majeure under Article 269 of the Moroccan DOC?

• AAny event that makes performance more expensive than expected
• BAny event the debtor knew about before undertaking the obligation
• CAn event that could not be foreseen and makes performance impossible, could not be preven…
• DA voluntary business decision to redirect resources to a more profitable contract

Taken together, Articles 357, 361, and 362 of the Moroccan DOC require which conditions for legal set-off (compensation)?

• AThe debts must arise from the same written contract and have identical guarantors
• BOne debt may be uncertain and not yet due if the parties live in the same city
• CThe parties need not owe each other personally if both debts are secured
• DThe parties must be personal creditor and debtor of each other, and the debts must concer…

When is a sale perfected under Article 488 of the Moroccan DOC?

• AWhen the parties agree on the thing, the price, and the other terms of the contract
• BOnly when the entire price has been paid and physical delivery completed
• COnly after every sale has been registered by a court
• DWhen the seller unilaterally announces a price, even without the buyer's agreement

What duty does Article 36 of Law No. 28.08 impose on a Moroccan advocate?

• ATo publish all client correspondence after a case ends
• BNot to disclose anything that infringes professional secrecy in any matter, and in partic…
• CTo share confidential files with every member of the regional bar
• DTo discuss an ongoing investigation publicly if no client name is used

Which activity is expressly incompatible with practicing as an advocate under Article 7 of Law No. 28.08?

• AWriting an academic article about procedure
• BServing as an arbitrator at the parties' request
• CCarrying on commercial activity, directly or indirectly
• DParticipating in continuing professional education

What does Article 57 of Law No. 28.08 require for sums entrusted to advocates as deposits or for professional payments made for clients or third parties?

• AThey must be kept in the advocate's ordinary office-expense account
• BThey may be held as cash until the client requests a transfer
• CThey must be paid directly to the opposing party without a record
• DThey must pass through the bar's account for deposits and payments administered by its Ba…

Which fee agreement is prohibited by Article 45 of Law No. 28.08?

• AAn advance agreement making the advocate's fee dependent on the result obtained in the ca…
• BAn agreement setting an advance payment toward fees and expenses
• CAn agreement in which the client receives an explanation of litigation expenses
• DAn agreement whose fee may later be reviewed by the Bâtonnier in a fee dispute

Under Article 54 of Law No. 28.08, what must an advocate provide when receiving money, securities, or valuables in the course of professional activity?

• AAn oral acknowledgment witnessed by another advocate
• BA numbered receipt stating the advocate, payer, reason, date, and method of payment
• CA court judgment authorizing receipt in every case
• DA receipt only if the amount exceeds a threshold fixed by the client

Which list states the disciplinary sanctions in Article 62 of Law No. 28.08?

• AA fine, imprisonment, community service, and confiscation
• BA private reminder, compulsory mediation, retraining, and transfer to another bar
• CWarning, reprimand, temporary suspension for no more than three years, and striking from…
• DSuspension only; the Bar Council has no other disciplinary sanction

What is the general advertising rule for advocates in Article 35 of Law No. 28.08?

• ATargeted solicitation is allowed whenever a fee is disclosed
• BPaid advertising is allowed, but only outside the advocate's appellate district
• CAdvertising is unrestricted if it uses the advocate's academic title
• DAn advocate may not solicit clients or advertise, subject to the article's limited rules…

Which set reflects the marriage-contract conditions listed in Article 13 of Morocco's Family Code (Moudawana)?

• AA property valuation, tax certificate, residence permit, and judicial auction
• BA five-year engagement, shared bank account, medical insurance, and family vote
• COnly the spouses' signatures before any private witness
• DCapacity of the spouses, no agreement abolishing the sadaq, a wali where applicable, offe…

What is the standard age of capacity for marriage for both women and men under Article 19 of the Moroccan Family Code?

• AEighteen completed solar years
• BSixteen years for women and eighteen for men
• CTwenty-one completed years
• DEighteen lunar years

Which statement accurately summarizes the discord procedure (chiqâq) in Articles 94 to 97 of the Moroccan Family Code?

• AOnly the husband may apply, and the court must wait five years before acting
• BEither spouse may apply; the court attempts reconciliation, and if reconciliation fails i…
• CThe police dissolve the marriage administratively without a court
• DThe remedy is available only after a criminal conviction of one spouse

What is divorce by khol' under Article 115 of the Moroccan Family Code?

• AA divorce imposed by an employer when spouses work together
• BAn automatic dissolution whenever spouses live apart for one month
• CA divorce by agreement in return for compensation given by the wife, subject to the Code'…
• DA criminal penalty imposed for failure to register property

Who has first priority for child custody after separation under Article 171 of the Moroccan Family Code?

• AThe paternal grandfather
• BThe oldest adult sibling
• CThe maternal uncle
• DThe mother

What property rule does Article 49 of the Moroccan Family Code establish for spouses?

• AEach spouse has a separate patrimony, while the spouses may make a separate written agree…
• BMarriage automatically transfers all pre-marital assets into equal joint ownership
• COnly the husband may administer property acquired during marriage
• DAll assets become court property until the marriage ends

Which list reflects the means of establishing paternal filiation stated in Article 158 of the Moroccan Family Code?

• ACivil-status registration alone, without any other legally recognized evidence
• BThe marital relationship, the father's acknowledgment, testimony of two adouls, hearsay e…
• CA private assertion by any relative, without review by a court
• DPayment of maintenance alone, which conclusively determines filiation

Under Decree No. 2.81.276, what is the standing structure of the special examination for the Certificat d'aptitude à l'exercice de la profession d'avocat?

• AOne multiple-choice paper and no oral assessment
• BTwo computer-adaptive tests and a physical-fitness test
• CA single dissertation followed by a six-month practical placement
• DThree written compositions followed by two oral exercises

What language rule does Decree No. 2.81.276 state for the examination?

• ACandidates may write the written tests in Arabic or French; the oral tests are conducted…
• BAll written and oral tests must be in French
• CAll written and oral tests must be in English
• DCandidates may choose any language for both stages without restriction

Which timing summary matches Decree No. 2.81.276?

• AThree one-hour written tests and two untimed oral tests
• BTwo hours for general culture, three hours for the civil/commercial memorandum, two hours…
• CA single six-hour written paper and a one-hour interview
• DTwo ninety-minute multiple-choice sessions and a ten-minute interview

What progression and final-passing rules are stated in Decree No. 2.81.276?

• AA candidate advances with any positive written mark and passes after attending the oral
• BEach test must be at least 15/20, with no averaging
• CA written average of at least 10/20 is required to reach the oral stage, and an overall a…
• DThe top ten percent pass regardless of their marks

Which principle appears in the preamble to Morocco's criminal procedure framework as amended by Law No. 03.23?

• APolice reports may themselves impose a final criminal penalty
• BA private complainant may pronounce a custodial sentence
• CAn administrative circular may replace a criminal judgment
• DNo punishment may be imposed without a judicial judgment issued by a competent authority

What presumption does Article 119 of the Moroccan Constitution guarantee to an accused person?

• AThe person is presumed innocent until convicted by a final decision after a fair trial in…
• BThe person is presumed guilty once an investigation is opened
• CThe person must prove innocence before receiving legal assistance
• DThe presumption depends on the accused person's profession

Which guarantee is stated in Article 120 of the Moroccan Constitution?

• AEvery litigant may select the judge who will hear the case
• BEveryone has a right to a fair trial and a judgment within a reasonable time, and defense…
• COnly criminal defendants have a right to a reasoned court process
• DCourts may postpone a case indefinitely if both parties have lawyers

Which statement correctly describes the repeal provision in Article 644 of Morocco's Law No. 58.25 on civil procedure?

• AIt preserves the 1974 Code of Civil Procedure and all specialized court statutes unchanged
• BIt repeals only the rules governing local courts, leaving the former civil procedure code…
• CFrom the new law's entry into force, it repeals the 1974 civil procedure code and, among…
• DIt repeals the Code des obligations et des contrats