Concours d'Accès au Stage des Huissiers de Justice (Mali)

Under Loi n°2016-053, what exclusive monopoly is statutorily conferred upon huissiers-commissaires de justice in the Republic of Mali?

• AThe monopoly of rendering final judicial decisions on constitutional appeals
• BThe monopoly of serving procedural and extrajudicial acts and carrying out the forced exe…
• CThe monopoly of defending accused persons before the Chambre criminelle
• DThe monopoly of authenticating international diplomatic treaties

Under Article 33 of the OHADA AUPSRVE, which of the following documents qualifies as a titre exécutoire authorizing a huissier to proceed with forced execution?

• AAn unnotarized quotation accepted verbally over the phone
• BA court judgment that has acquired executory force (force exécutoire) or has been granted…
• CA preliminary internal audit memorandum prepared by a creditor's accounting department
• DA simple unpaid invoice without an injunction order

What is the mandatory statutory period that must elapse between the service of a commandement de payer and the actual seizure of movable goods (saisie-vente) under AUPSRVE Article 92?

• A24 hours
• B8 days
• C3 months
• D1 year

Under Article 93 of the revised 2023 AUPSRVE, what additional statement is required in a preliminary summons to pay when the creditor lives outside the territorial jurisdiction of the court where proceedings will be brought?

• AThe creditor's choice of an address for service within the proceedings
• BThe debtor's consent to the creditor's claim
• CA two-year waiver of all enforcement rights
• DThe auctioneer's estimate of the property's sale price

What is the legal effect of serving a saisie-attribution de créances upon a banking institution holding accounts for a debtor under AUPSRVE Article 154?

• AThe bank becomes co-debtor for all future obligations of the debtor
• BThe service operates an immediate assignment (effet attributif immédiat) of the available…
• CThe debtor is placed in immediate corporate liquidation
• DThe bank must transfer the funds to the Ministry of Economy within 24 hours

What mandatory disclosure obligation is imposed upon a third-party garnishee (tiers saisi, such as a commercial bank) when served with a saisie-attribution by a huissier under AUPSRVE Article 156?

• AThe bank may refuse to answer and request a 60-day delay to consult its shareholders
• BThe garnishee must disclose its obligations, relevant terms, prior assignments and attach…
• CThe bank is legally required to lie to protect client confidentiality
• DThe bank must immediately surrender its banking license

What statutory penalty can be pronounced against a third-party bank that fails or refuses to make the declaration required by AUPSRVE Article 156 without legitimate reason?

• AThe bank president is sentenced to hard labour for life
• BThe third-party garnishee can be ordered to pay the causes of the seizure (condamnation a…
• CThe bank is exempt from any consequence under banking secrecy laws
• DThe debtor is declared immune from all future debt claims

Within what mandatory statutory deadline must a huissier serve notice of the saisie-attribution to the debtor (dénonciation au débiteur) under AUPSRVE Article 160?

• AWithin 8 days of the seizure, under penalty of nullity
• BWithin 6 months after the close of the fiscal year
• CThere is no deadline; notice can be served at any time before judgment
• DWithin 24 hours of filing the court registry stamp

What is the statutory deadline and competent forum for a debtor to contest a saisie-attribution under revised AUPSRVE Articles 169 and 170?

• AWithin 1 month from the date of dénonciation, brought before the competent execution judg…
• BWithin 5 years, brought before the Ministry of Territorial Administration
• CWithin 24 hours, brought before the police commissioner
• DWithin 10 days, brought before the international court of arbitration

Under AUPSRVE Article 115 et seq., what option is available to a debtor whose movable goods have been inventoried in a saisie-vente?

• AThe debtor may destroy the seized goods to prevent sale
• BThe debtor has a period of one month to carry out an amicable sale (vente amiable) of the…
• CThe debtor can transfer the seized goods to an overseas tax haven
• DThe debtor is automatically declared bankrupt

What criminal offense is committed under Malian penal law by a debtor who fraudulently destroys, conceals, sells, or removes property that has been placed under judicial seizure by a huissier?

• AEmbezzlement of public funds (détournement de deniers publics)
• BMisappropriation / concealment of seized assets (détournement d'objets saisis)
• CSimple civil non-performance without criminal liability
• DInvoluntary negligence

Under revised AUPSRVE Article 49, what is the scope of the designated enforcement court's jurisdiction?

• AThe judge may re-try the criminal guilt of the parties and order imprisonment
• BFor movable property, the court president or delegated judge hears disputes and claims re…
• CThe judge advises the government on foreign trade tariffs
• DThe judge can modify the substantive terms of a final, unappealable civil judgment on the…

What is the primary legal mechanism governing forced execution against a debtor's salary or remuneration (saisie des rémunérations) under the AUPSRVE?

• AThe huissier may seize 100% of the debtor's salary immediately without court oversight
• BThe seizure is preceded by a mandatory judicial conciliation phase before the judge, and…
• CThe employer is imprisoned until the employee pays the debt
• DThe employee is terminated automatically by decree

Which of the following describes the first step of real property enforcement (saisie immobilière) under AUPSRVE Article 254?

• AImmediate physical demolition of the debtor's house by the huissier
• BService of a commandement aux fins de saisie immobilière upon the debtor, followed by its…
• CAn informal public radio announcement
• DImmediate sale of the property on an online marketplace

What document must be deposited at the court registry by the seizing creditor's counsel after publishing a commandement de saisie immobilière under AUPSRVE Article 266?

• AThe original title deeds of all relatives of the debtor
• BThe terms and conditions of sale (cahier des charges), setting out the property descripti…
• CA personal letter of recommendation from the Minister of Justice
• DAn insurance policy covering natural disasters

Under what circumstance may a third party stop a saisie immobilière by asserting ownership over the seized real estate under AUPSRVE Article 308?

• ABy staging a public demonstration outside the town hall
• BBy filing a distraction action (demande en distraction) before the court prior to the adj…
• CBy requesting the debtor's immediate deportation
• DBy paying a fee directly to the huissier's clerk

What is the procedure of surenchère (overbid) following a judicial auction of real property (adjudication immobilière) under AUPSRVE Article 286?

• AAny person may, within ten days of the adjudication, submit a formal overbid of at least…
• BThe buyer may cancel the purchase without penalty after one year
• CThe debtor may demand a free refund from the court registry
• DThe auction is declared void if the winning bidder is under 30 years of age

What mandatory formal mentions must be included in every procedural exploit served by a huissier de justice under the Malian CPCPS?

• AThe political party affiliation and religious beliefs of the huissier
• BThe date (day, month, year), names and residence of the applicant, names and address of t…
• CThe personal bank account balance of the recipient
• DA photograph of the presiding trial judge

What is signification à personne in Malian civil procedural law?

• ADelivery of the procedural document directly into the physical hands of the addressee in…
• BLeaving the document on a public park bench near the addressee's office
• CSending a voice message on social media
• DPublishing the document on an overseas website

How must a huissier proceed under the Malian CPCPS if the addressee cannot be found in person at their residence at the time of service?

• AThe huissier must drop the lawsuit permanently
• BThe huissier may deliver the act à domicile to a relative, servant, or person living in t…
• CThe huissier must arrest the addressee's neighbours
• DThe huissier must nail the document to the front door without writing an exploit

What is the procedure of signification à parquet under Malian procedural law when the recipient has no known domicile, residence, or place of work in Mali?

• AThe document is served on the public prosecutor's office (Parquet) after verified diligen…
• BThe huissier burns the document at the local police station
• CThe lawsuit is immediately won by default without any judicial review
• DThe huissier sends the document to a random foreign embassy

What is an astreinte in Malian civil and enforcement law, and how does it assist a huissier in overcoming debtor resistance?

• AA physical straitjacket used to detain stubborn debtors
• BA judicial monetary penalty assessed per day of delay against a debtor who refuses to com…
• CA reduction in court filing fees granted to poor litigants
• DA tax rebate granted to agricultural cooperatives

Under AUPSRVE Article 69, how is a saisie conservatoire of tangible movable goods converted into a forced sale (saisie-vente)?

• AThe creditor must start a completely new lawsuit from the beginning
• BUpon obtaining an enforceable title, the creditor serves an act of conversion (acte de co…
• CThe conversion happens automatically after 24 hours without any formal act
• DThe goods are immediately confiscated by the central bank

Under what condition may a huissier de justice request the assistance of the public police force (concours de la force publique) to execute a forced eviction or seizure in Mali?

• AWhenever the debtor expresses verbal polite disagreement
• BWhen the huissier encounters active resistance, refusal of entry, or closed doors, and ha…
• CThe huissier can never request police assistance under any circumstances
• DOnly if the debtor is an international fugitive

What is the legal effect of the publication of a commandement aux fins de saisie immobilière at the Land Registry (Livre Foncier) in Mali?

• AIt completely destroys the building physically
• BIt restricts the debtor's power of alienation (indisponibilité du bien), meaning any subs…
• CIt transfers ownership of the real estate to the presiding judge personally
• DIt cancels all municipal property taxes retroactively

In a saisie-revendication under AUPSRVE Article 227 et seq., what is the specific objective sought by the applicant?

• ATo obtain payment of an ordinary unsecured money loan
• BTo render indisponible a specific tangible movable asset that the applicant claims as the…
• CTo sell the debtor's house at public auction
• DTo close the debtor's bank accounts

What is the consequence under Malian civil procedure if a huissier de justice executes a seizure on a Sunday or legal holiday without prior judicial authorization?

• AThe seizure is fully valid and earns double fees
• BThe seizure act is null and void, and the huissier incurs civil and disciplinary liability
• CThe debtor is immediately sentenced to a fine
• DThe seizure is converted into a voluntary gift

Under AUPSRVE Article 100, what happens to the seized movable goods during a saisie-vente between the date of seizure and the date of sale?

• AThey are immediately destroyed by the bailiff
• BThey remain in the custody of the debtor (acting as legal guardian / gardien) or an appoi…
• CThey are delivered to the creditor for immediate personal consumption
• DThey are exported to an overseas warehouse

Under AUPSRVE rules, which official conducts the public auction sale (vente aux enchères publiques) of seized movable property in Mali?

• AThe public prosecutor (Procureur de la République)
• BThe huissier de justice (or court-appointed auctioneer / commissaire-priseur)
• CThe debtor's personal defense lawyer
• DThe president of the chamber of commerce

What is the legal effect when an adjudication of seized movable property is completed and the successful bidder pays the auction price?

• AThe ownership of the goods is immediately transferred to the adjudicataire free of all pr…
• BThe debtor may reclaim the goods without paying anything within 5 years
• CThe sale is deemed purely provisional and can be cancelled by any spectator
• DThe funds are confiscated by the auctioneer personally

Under AUPSRVE Article 324 et seq., how are the proceeds of a forced sale distributed among multiple creditors when the proceeds are insufficient to pay everyone in full?

• AThe creditor who runs the fastest to the courthouse receives all the money
• BThrough a formal distribution procedure (procédure de distribution du prix) respecting pr…
• CBy lottery drawn by the court clerk
• DBy giving all proceeds to the state treasury

What is the legal consequence if an exploit de signification served by a huissier fails to mention the cost (coût de l'acte) in violation of the Malian CPCPS?

• AThe act is automatically an incurable crime of extortion
• BThe omission constitutes a formal defect (vice de forme) which can only entail nullity if…
• CThe addressee is exempt from ever appearing in court
• DThe huissier must refund the client's entire life savings

Under what circumstance may an expulsion (eviction) of an unlawful occupant from real property be legally carried out by a huissier in Mali?

• AUpon the landlord's informal verbal request without any paperwork
• BOnly pursuant to an enforceable court eviction order or judgment (titre exécutoire ordonn…
• CWhenever the tenant falls 2 days late on rent
• DExclusively by private security guards without judicial intervention

What does Article 32 of Loi n°2016-053 require before a titular huissier-commissaire de justice takes the oath?

• AOnly a personal promise to the Ordre
• BProof of professional civil-liability insurance and payment of a 100,000 FCFA cash securi…
• CPurchase of a private residence in Bamako
• DFive years of prior military service

Under what condition may a huissier de justice carry out an inventory and seizure of goods located inside a locked safe or locked room if the debtor refuses to open it?

• AThe huissier must abandon the debt and advise the creditor to forgive it
• BThe huissier must call a locksmith and the police officer / local administrative authorit…
• CThe huissier must detonate explosives without notice
• DThe huissier must break down the walls personally

What is the territorial competence (ressort territorial) of a huissier de justice in Mali under Loi n°2016-053?

• AHuissiers may execute acts anywhere in the world without geographic restriction
• BEach huissier's territorial competence is the ressort of the Court of Appeal where the of…
• CHuissiers are restricted strictly to a single street in Bamako
• DTerritorial competence is determined by the nationality of the creditor

What is the legal effect if a huissier serves an exploit outside their authorized territorial ressort in Mali?

• AThe act is afflicted with a defect of substance (vice de fond / incompétence territoriale…
• BThe act is automatically rewarded with an administrative prize
• CThe recipient must pay a travel surcharge to the huissier
• DThe act is miraculously cured if the debtor reads it

Under revised AUPSRVE Article 165, what effect does payment by the third-party garnishee have on the debtor's and garnishee's obligations?

• AThe garnishee is still fully indebted to the debtor for the same amount
• BPayment made by the garnishee operates as a valid legal discharge (effet libératoire) up…
• CThe debtor may sue the garnishee for commercial treason
• DThe payment must be refunded by the debtor's children

What is the legal effect of an opposition lodged by a third-party claimant to the distribution of proceeds of a saisie-vente under AUPSRVE Article 130?

• AThe opposition joins the third-party creditor to the distribution, entitling them to part…
• BThe opposition forces the immediate release of all seized goods back to the debtor
• CThe opposition cancels the underlying judgment on the merits
• DThe opposition causes the public prosecutor to resign

How does Article 31 of Mali's 2023 Constitution distinguish official languages from the working language?

• AFrench is the sole constitutional official language
• BNational languages are official languages; French is the working language, and the State…
• CLatin is the sole language of courts
• DThe Constitution contains no language provision

What is the primary statutory function of a huissier de justice in Malian criminal proceedings under the Code of Criminal Procedure?

• ATo serve citations directes, criminal subpoenas, and judicial notifications of penal judg…
• BTo conduct forensic autopsies in homicide investigations
• CTo negotiate plea bargains in private with the accused
• DTo serve as defense counsel during the trial

Under Article 457 of Mali's 2024 Criminal Procedure Code, what minimum citation period applies when the cited person resides at the seat of the court?

• A24 hours
• BAt least 8 days
• C6 months
• D7 years

What information must be explicitly stated in a citation directe served on an accused person in Mali, on pain of procedural nullity?

• AThe prosecutor's favorite literary author
• BThe alleged fact, the legal provision punishing it, the court seized, the place, time and…
• CThe personal religious affiliation of the victim
• DThe names of all previous tenants of the courthouse

Under Article 686 of Mali's 2024 Criminal Procedure Code, when is a regularly cited accused person generally judged by default?

• AWhen the regularly cited accused person does not appear at the stated day and time, subje…
• BWhenever the accused appears with three licensed advocates
• CWhen the prosecutor requests that the trial be held in total secrecy
• DWhen the trial is broadcast live on national television

What is the procedural recourse available to an accused person convicted by a default criminal judgment (jugement par défaut) once notified by a huissier?

• AAn opposition, which brings the case back before the same court for a complete contradict…
• BA motion for presidential pardon within 2 hours
• CA civil lawsuit against the court clerk
• DAn automatic grant of political asylum

What is the statutory deadline for an accused person to file an opposition against a default correctional judgment in Mali, starting from the date of personal service?

• A1 month if served in Mali; 2 months if served outside Mali
• B1 year in all cases
• C24 hours in Mali and 48 hours abroad
• D10 years in all cases

How are civil damages (dommages-intérêts) awarded to a victim by a criminal court executed by a huissier against a convicted defendant?

• ABy sending the defendant to a life labour camp
• BAccording to the ordinary rules of civil forced execution under the OHADA AUPSRVE, using…
• CThrough arbitrary confiscation of property belonging to the defendant's neighbours
• DBy an automatic deduction from national tax revenues

What is the legal character of a criminal fine (amende pénale) sentenced against a convicted person, and who receives the proceeds?

• AIt is an asset belonging to the huissier as personal income
• BIt is a penal sanction payable to the State Treasury (Trésor Public), distinct from civil…
• CIt is a voluntary tip shared among the court stenographers
• DIt is paid directly to the defense attorney