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Free Practice Questions for Concorso Magistratura

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Key Facts: Concorso Magistratura Exam

3 essays

Written Papers

D.M. 22 October 2025, Art. 5 (civil, criminal, administrative law)

8 hours

Time per Essay

D.M. 22 October 2025, Art. 5

12/20

Minimum per Written Paper

D.M. 22 October 2025, Art. 8

108 points

Minimum Overall Score

D.M. 22 October 2025, Art. 8 (plus 6/10 per oral subject)

€50

Application Contribution

D.M. 22 October 2025, Art. 2

450

Posts in the 2025 Competition

D.M. 22 October 2025

Italy's ordinary judiciary competition has three 8-hour written essays (civil, criminal, administrative law), with 12/20 needed in each, then an oral on eleven subject groups plus a foreign language. This bank is an independent English-language MCQ study adaptation, not a simulation.

Sample Concorso Magistratura Practice Questions

Try these sample questions to review concepts for the Concorso Magistratura exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1Regarding the validity of a preliminary agreement to enter into a subsequent preliminary contract ('preliminare di preliminare'), what is the prevailing doctrinal position established by the United Sections of the Supreme Court of Cassation (Corte di Cassazione Sezioni Unite, judgment no. 4628/2015)?
A.Null in all cases for lack of cause, because repeating the same obligation is a useless duplication
B.Valid, if the parties show a concrete interest worthy of protection in forming the contract in progressive stages
C.Automatically converted by law into a definitive sale contract under Article 1424 of the Civil Code
D.Valid only if made by public deed before a notary and transcribed at once in the land registers under Article 2645-bis c.c.
Explanation: In landmark judgment no. 4628/2015, the Sezioni Unite overturned the prior traditional doctrine of nullity for useless duplication, affirming that a preliminary of a preliminary is valid and enforceable if it reveals an interest worthy of protection (art. 1322, paragraph 2, c.c.) to articulate the bargain across progressive, graduated stages of negotiation. If breached, it gives rise to precontractual liability (or contractual liability for breach of an obligation to negotiate), provided the staged agreement is not a mere mirror repetition.
2According to the United Sections of the Court of Cassation (judgments nos. 26242 and 26243/2014), how may a trial judge raise the nullity of a contract on their own motion (rilevabilità d'ufficio della nullità) in proceedings seeking performance, termination or annulment of that contract?
A.The judge may raise it in any of those actions, must let the parties argue it, and may declare it in the operative part if asked
B.The judge may raise nullity only if the claimant has already brought a separate declaratory claim of nullity in the initial pleading
C.The judge may raise only protective nullities (nullità di protezione) on their own motion, never ordinary absolute nullities
D.The judge may raise nullity only in actions for performance, never in actions for termination or annulment of the contract
Explanation: The 2014 United Sections judgments held that the judge must raise contractual nullity on their own motion in actions for performance, termination, rescission or annulment, as well as in declaratory actions. The issue must be submitted to the parties so they can argue it (Art. 101 c.p.c.). If a party asks for the nullity to be declared, the court rules on it in the operative part with res judicata effect; otherwise, the finding is incidental and leads to rejecting the main claim.
3Under modern Italian civil jurisprudence (beginning with landmark Cass. Civ., judgment no. 10490/2006), how is the concept of contractual cause ('causa del contratto', Article 1325, no. 2, c.c.) legally defined?
A.As the abstract socio-economic function (funzione economico-sociale) of the contract type, fixed a priori by the legal system
B.As the individual, unexpressed psychological motive (motivo soggettivo interno) of the promisor at the moment of consent
C.As the concrete economic purpose (causa in concreto): the actual interests the specific transaction is designed to realize
D.As the monetary consideration exchanged between the parties, identical to the common-law doctrine of consideration
Explanation: Italian civil jurisprudence decisively abandoned Emilio Betti's traditional abstract doctrine of 'funzione economico-sociale' in Cass. 10490/2006, embracing the doctrine of 'causa in concreto'. The cause of a contract is now evaluated as the concrete, practical purpose and objective synthesis of interests that the specific agreement seeks to achieve, allowing courts to identify illicit or missing causes even in formally nominated contracts.
4In its judgment no. 14188/2016 (First Civil Section), how did the Court of Cassation classify pre-contractual liability (responsabilità precontrattuale) under Articles 1337 and 1338 of the Civil Code?
A.As tort liability under Article 2043 c.c., with a five-year limitation period and the claimant bearing the burden of proving fault
B.As a third category of liability allowing only reimbursement of expenses, never damages
C.As liability that can be enforced only by joining civil claims to criminal proceedings
D.As contractual liability from qualified social contact, under Article 1218 c.c. with the ten-year limitation period
Explanation: Cass. civ., Sez. I, n. 14188/2016 departed from the traditional classification of pre-contractual liability as tort liability. It held that negotiations create a qualified social contact generating duties of good faith, protection and information, so breach of those duties gives rise to contractual liability under Article 1218 c.c., with the ordinary ten-year limitation period (Art. 2946 c.c.). The classification remains debated, and damages are generally measured by the negative interest.
5According to the United Sections of the Court of Cassation (judgment no. 18128/2005), what power does a judge have over a manifestly excessive penalty clause (clausola penale) under Article 1384 of the Civil Code?
A.The judge may reduce the penalty only if the debtor has expressly requested the reduction in its pleadings
B.The judge cannot alter the penalty, because party autonomy over liquidated damages is unlimited
C.The judge must declare the whole clause void, leaving the creditor to prove the actual damages suffered
D.The judge may reduce the penalty equitably on their own motion, without a request from the debtor
Explanation: In judgment no. 18128/2005, the United Sections held that the power to reduce a manifestly excessive penalty equitably under Article 1384 c.c. may be exercised by the court on its own motion. The power protects an interest of the legal order in the fairness of contractual exchanges, not only the debtor's private interest. The facts showing that the penalty is excessive must nevertheless emerge from the proceedings.
6Regarding the formal requirements of an internal fiduciary agreement concerning real property ('patto fiduciario immobiliare con obbligo di ritrasferimento'), what rule was settled by the Sezioni Unite of the Corte di Cassazione in judgment no. 6459/2020?
A.The fiduciary pact must be executed by public deed with two witnesses, failing which it is null for defect of form
B.The fiduciary pact requires written form ad substantiam under Article 1350 c.c., by analogy to the real estate preliminary contract
C.Valid even if oral, being akin to a mandate without representation; a later written promise to retransfer supports enforcement
D.The fiduciary pact is always unlawful, because the Italian legal system does not recognize fiduciary property or trusts
Explanation: In judgment no. 6459/2020, the Sezioni Unite resolved a long-standing dispute by ruling that a fiduciary agreement involving real property does not require written form ad substantiam under Article 1350 c.c. Analogizing the pact to an indirect mandate without representation (mandato senza rappresentanza, Article 1706, paragraph 2, c.c.), the Court held that the internal obligation to retransfer can be formed orally, and an ensuing written declaration by the fiduciary acts as an enforceable acknowledgement of debt under Article 1988 c.c.
7Under Article 1417 of the Civil Code, how may the contracting parties themselves prove that a contract was simulated (simulazione)?
A.Freely, by witness testimony and presumptions, in any circumstance and whatever the value of the contract
B.Mainly in writing, such as a counter-declaration; witnesses only to show the concealed contract is unlawful
C.Never by documents, because a sham contract is automatically treated as a donation between the parties
D.By witness testimony only, and only if the value of the contract exceeds a statutory amount set by law
Explanation: Article 1417 c.c. allows witness evidence of simulation without limits when the claim is brought by creditors or third parties, and also by the parties when they seek to show that the concealed (dissimulated) contract is unlawful. Otherwise, the parties are subject to the general limits on witness evidence against the content of a written document (Art. 2722 c.c.), so they normally rely on a written counter-declaration, subject to the exceptions in Article 2724 c.c.
8Under Article 1453, paragraph 2, of the Italian Civil Code and established Sezioni Unite jurisprudence, what is the rule governing the transition between an action for contractual performance and an action for contractual resolution ('mutatio libelli')?
A.A party who claimed termination may later demand performance, but a party who demanded performance cannot switch to termination
B.Termination may be sought after first claiming performance, but performance can no longer be sought after claiming termination
C.Parties may never modify their initial claim under any circumstances once the introductory writ has been served
D.Demanding termination automatically forfeits any right to claim damages under Article 1453, paragraph 1, c.c.
Explanation: Article 1453, paragraph 2, c.c. sets out the classic asymmetric rule: resolution may still be demanded even when an action for performance was originally commenced ('ius variandi'), but once resolution is formally claimed, the plaintiff cannot revert to demanding performance, because the defaulting counterparty is entitled to organize their affairs knowing performance is no longer required.
9What seriousness of breach does Article 1455 of the Civil Code require for a court to terminate a contract for non-performance (risoluzione per inadempimento)?
A.The non-performance must not be of minor importance, having regard to the other party's interest
B.Any non-performance, however minor, entitles the creditor to termination
C.The breach must be intentional (dolosa), since negligent breaches only give rise to damages
D.The breach must concern the main obligation, since breaches of ancillary obligations can never justify termination
Explanation: Article 1455 c.c. provides that a contract cannot be terminated if the non-performance of one party is of minor importance, having regard to the interest of the other party. Case law assesses both the objective weight of the breach within the exchange and its impact on the creditor's concrete interest.
10Which two elements must be present for an objective novation (novazione oggettiva) of an obligation under Articles 1230 and 1231 of the Civil Code?
A.An extension of the payment deadline and an increase in the interest rate agreed in writing
B.A new document restating the same obligation, signed by both parties before witnesses
C.A shared intention to extinguish the old obligation (animus novandi) and a new object or title (aliquid novi)
D.A unilateral declaration by the debtor, notified to the creditor, that replaces the old obligation with a new one
Explanation: Under Article 1230 c.c., objective novation requires the parties to replace the original obligation with a new obligation having a different object or title, and their intention to extinguish the prior obligation must be unequivocal. Under Article 1231 c.c., issuing or renewing a document, adding or removing a term, and other accessory changes do not amount to novation.

About the Concorso Magistratura Exam

The concorso in magistratura is the competitive examination through which Italy recruits ordinary magistrates, both judges and public prosecutors. The competition for 450 posts, called by D.M. 22 October 2025, held its written tests on 24–26 June 2026 at Fiera di Roma: three 8-hour theoretical essays on civil, criminal and administrative law. Candidates who reach 12/20 in each paper take an oral on eleven subject groups and a foreign-language interview. OpenExamPrep offers independent practice for the core written subjects as an English-language MCQ study adaptation. It keeps Italian legal terms and case references but is not an official translation and does not replace essay writing or oral practice.

Exam sponsor: Ministero della Giustizia. The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Assessment

Written test: three theoretical essays on civil law, criminal law and administrative law, each within 8 hours of dictation, with plain texts of codes and laws allowed. Candidates scoring at least 12/20 in each paper are admitted to the oral, which covers civil law with the fundamentals of Roman law, civil procedure, criminal law, criminal procedure, administrative, constitutional and tax law, commercial and insolvency law, labor and social security law, EU law, public and private international law, legal informatics and judicial organization, and a foreign-language interview (English, French, Spanish or German). Candidates pass with at least 6/10 in each oral subject, a pass in the language interview, and at least 108 points overall.

Time Limit

8 hours per written essay

Passing Score

At least 12/20 in each written paper; at least 6/10 in each oral subject and 108 points overall

Exam / Certification Fees

€50.00 (non-refundable contribution via PagoPA)

Exam sponsor website

Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.

Official sources

Our practice resources: topics covered

We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.

35%

Civil Law

Obligations and contracts, liability, property, family, succession and company law, with key United Sections rulings.

35%

Criminal Law

General principles, offenses against the public administration and property, corporate liability and the sanctions system.

30%

Administrative Law

Law 241/1990, administrative justice, public contracts, public employment, expropriation and independent authorities.

Preparing for the Concorso Magistratura Exam

What You Need to Know

  • Passing score: At least 12/20 in each written paper; at least 6/10 in each oral subject and 108 points overall
  • Assessment: Written test: three theoretical essays on civil law, criminal law and administrative law, each within 8 hours of dictation, with plain texts of codes and laws allowed. Candidates scoring at least 12/20 in each paper are admitted to the oral, which covers civil law with the fundamentals of Roman law, civil procedure, criminal law, criminal procedure, administrative, constitutional and tax law, commercial and insolvency law, labor and social security law, EU law, public and private international law, legal informatics and judicial organization, and a foreign-language interview (English, French, Spanish or German). Candidates pass with at least 6/10 in each oral subject, a pass in the language interview, and at least 108 points overall.
  • Time limit: 8 hours per written essay
  • Exam / certification fees: €50.00 (non-refundable contribution via PagoPA) Official sources

Using Our Practice Resources

  • Work through all 100 available questions
  • Review every answer and explanation
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Concorso Magistratura: Suggested Study Strategy

1Practise full theoretical essays under 8-hour timed conditions using only plain codes, since the written papers are essays, not quizzes.
2Study leading United Sections and Constitutional Court rulings in context, and be able to explain how they changed earlier case law.
3Check that every rule you cite reflects current law: recent reforms changed abuse of office, the time limit for ex officio annulment and the Corte dei conti liability rules.
4Prepare the broader oral syllabus early, including civil and criminal procedure, commercial, labor, EU and international law, and your chosen foreign language.
5Use MCQ explanations to test your reasoning, then rewrite the key distinctions in your own words as you would in an essay.

Frequently Asked Questions

How is the 2026 concorso in magistratura structured?

The competition called by D.M. 22 October 2025 has a written test and an oral test. The written test consists of three theoretical essays on civil law, criminal law and administrative law, each to be completed within 8 hours of dictation; for this competition they were held on 24, 25 and 26 June 2026 at Fiera di Roma. There is no preliminary multiple-choice screening test.

What scores are needed?

Candidates need at least 12/20 in each written paper to be admitted to the oral. To be declared suitable (idonei), they need at least 6/10 in each oral subject, a pass in the foreign-language interview, and at least 108 points overall across the written and oral stages.

Who can apply and how much does it cost?

Applicants must meet general requirements such as Italian citizenship and belong to one of the categories listed in the bando, which include law graduates from a course of at least four years. Candidates declared unsuitable in four previous competitions are excluded. The application requires a non-refundable €50 contribution paid through PagoPA.

Which subjects are covered in the oral?

The oral covers civil law with the fundamentals of Roman law, civil procedure, criminal law, criminal procedure, administrative, constitutional and tax law, commercial and insolvency law, labor and social security law, EU law, public and private international law, legal informatics and judicial organization, plus an interview in English, French, Spanish or German.

Are OpenExamPrep questions official competition questions?

No. OpenExamPrep provides independent practice for the knowledge tested in the competition as an English-language MCQ study adaptation. The real written tests are Italian-language theoretical essays and the oral is conducted in Italian, so practise full essays and oral answers alongside these questions.