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Key Facts: Esame Avvocato Exam

2 + 1

Written Tests + Oral

D.M. 3 September 2026, Art. 2

15–16 Dec 2026

Written Test Dates

D.M. 3 September 2026, Art. 4

7 hours

Time per Written Test

D.M. 3 September 2026, Art. 2

18 points

Minimum per Written Test

D.M. 3 September 2026, Art. 10

90 points

Minimum Oral Total

D.M. 3 September 2026, Art. 10 (plus 18 per component)

€90.91

Total Fee

D.M. 3 September 2026, Art. 3

The 2026 Italian bar exam has two 7-hour written tests (parere motivato and atto giudiziario) on 15–16 December 2026 and a five-part oral; candidates need 18 points in each written test, then 90 oral points. This bank is an independent English-language MCQ study adaptation, not an exam simulation.

Sample Esame Avvocato Practice Questions

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

1Article 1456 of the Italian Civil Code governs the express termination clause (clausola risolutiva espressa). Under this statutory provision, when does the contractual termination (risoluzione di diritto) take legal effect between the parties?

A.When the interested party declares to the other party that they intend to avail themselves of the termination clause

B.Automatically at the precise moment the agreed obligation remains unperformed, without requiring any further communication

C.Only upon the entry of a constitutive judicial judgment (sentenza costitutiva) confirming the grave breach

D.Upon the expiration of a mandatory fifteen-day notice to perform (diffida ad adempiere)

Explanation: Under Article 1456, second paragraph, of the Italian Civil Code, termination operates di diritto when the non-breaching party declares to the counterparty their intention to invoke the express termination clause. The judicial ruling rendered on a dispute concerning an express termination clause is purely declaratory (sentenza dichiarativa), rather than constitutive.

2Under Article 2051 of the Italian Civil Code (danno cagionato da cosa in custodia), what must a custodian (custode) prove to be exempt from civil liability for damage caused by a thing in their custody?

A.That they acted without subjective fault (colpa) and observed the ordinary diligence of a good family head in keeping the thing

B.A fortuitous event (caso fortuito), such as an unforeseeable external event or the conduct of a third party or the victim

C.That the injured party failed to send the custodian a prior formal notice of claim within thirty days of the damaging event

D.That the custodian lacked direct physical contact with the property at the exact time the harm materialized

Explanation: Article 2051 of the Italian Civil Code establishes a regime of strict objective liability based on the custodian's actual governing power over the res. To rebut this presumption, the custodian bears the burden of proving caso fortuito, which is an external, unforeseeable, and exceptional intervening causal factor capable of interrupting the causal link, including the exclusive negligence of a third party or the victim.

3Under Article 1153 of the Italian Civil Code (possesso vale titolo), which statutory requirements must be concurrently satisfied for an acquirer to gain ownership of a movable asset from a non-owner (a non domino)?

A.A written registered deed, five years of continuous possession, and the consent of the original owner to the transfer

B.An oral agreement, publication in the civil registry, and objective good faith

C.Physical acquisition of possession, an abstractly valid transfer title, and subjective good faith at the time of delivery

D.Payment of the full purchase price, authentication of the sale by a notary, and the absence of any prior liens on the asset

Explanation: Article 1153 of the Italian Civil Code requires three concurrent conditions for the acquisition of title to movables a non domino: the physical acquisition of possession (consegna), a title that is abstractly capable of transferring ownership (valid but for the lack of dispositive title in the alienator), and the subjective good faith (buona fede) of the acquirer at the exact moment of delivery.

4In drafting a parere motivato regarding a preliminary contract for real estate (contratto preliminare di vendita immobiliare), counsel examines the remedies available when the promisor-seller refuses to execute the definitive deed. Under Article 2932 of the Italian Civil Code, what specific remedy may the promisee-buyer seek?

A.Only a claim for general damages and restitution of the advance deposit without any property transfer

B.An administrative order compelling the land registry office to register the preliminary contract as if it were definitive

C.A mandatory arbitration award that dissolves the preliminary agreement and imposes a statutory fine on the seller

D.A constitutive judgment (sentenza costitutiva) producing the effects of the definitive contract that was not concluded

Explanation: Article 2932 of the Italian Civil Code allows an interested party to obtain a constitutive judgment (esecuzione specifica dell'obbligo di concludere un contratto) that directly transfers ownership and produces the legal effects of the definitive contract that the defaulting party refused to stipulate. The plaintiff buyer must offer to perform their own reciprocal payment obligation, unless such performance is not yet due.

5Under Article 536 and following of the Italian Civil Code, who are the reserved forced heirs (legittimari) entitled by law to a reserved share (quota di legittima) of the estate?

A.The spouse, the civil union partner, the children, and, in the absence of children, the ascendants

B.The spouse, the children, the siblings, and the nieces and nephews of the deceased

C.Any relative within the fourth degree of kinship who lived with the deceased for at least one year

D.The surviving spouse, all collateral relatives up to the sixth degree, and designated testamentary beneficiaries

Explanation: Under Article 536 of the Italian Civil Code, the legittimari are exclusively the spouse (or civil union partner pursuant to Legge 76/2016), the children, and, in the absence of descending children, the ascendants. Collateral relatives, such as brothers and sisters, are intestate legal heirs (eredi legittimi under Article 565) but are never forced heirs with a statutory reserved share.

6Following the Cartabia Reform (D.Lgs. 149/2022) to Article 163-bis of the Italian Code of Civil Procedure (c.p.c.), what is the minimum statutory notice period (termini a comparire) that the plaintiff must grant to the defendant between the notification of the summons (atto di citazione) and the first hearing date, when the place of service is in Italy?

A.90 free days (giorni liberi)

B.120 free days (giorni liberi)

C.60 free days (giorni liberi)

D.150 free days (giorni liberi)

Explanation: Following the Cartabia procedural reform effective for proceedings commenced after February 28, 2023, Article 163-bis c.p.c. expanded the ordinary minimum appearance term from 90 days to not less than 120 free days between the service of the atto di citazione and the initial hearing date when service occurs in Italy (and 150 days when service is abroad). This expansion accommodates the preliminary written exchanges mandated under Article 171-ter c.p.c. prior to the first hearing.

7Under Article 166 and Article 167 c.p.c. as amended by the Cartabia Reform, by when must a defendant file their statement of defense (comparsa di costituzione e risposta) to avoid forfeiture of counterclaims (domande riconvenzionali), cross-claims against third parties, and non-waivable procedural/substantive objections (eccezioni in senso stretto)?

A.Directly at the first hearing of appearance under Article 183 c.p.c.

B.At least twenty days prior to the first hearing date that is scheduled in the writ of summons

C.At least seventy days prior to the first hearing of appearance designated in the summons

D.Within thirty days following the receipt of the initial writ of summons

Explanation: Under Article 166 c.p.c. as restructured by the Cartabia Reform, the defendant must appear in court by filing their comparsa di costituzione e risposta at least 70 days before the hearing designated in the summons (or fixed pursuant to Article 168-bis, fifth paragraph). Under Article 167 c.p.c., failure to timely file within this 70-day pre-hearing deadline triggers absolute forfeiture (a pena di decadenza) of counterclaims, third-party joinder requests, and eccezioni non rilevabili d'ufficio.

8Under Article 171-ter c.p.c. introduced by the Cartabia Reform, what is the sequence and timing of the written preparatory briefs (memorie integrative) exchanged between the parties prior to the first hearing under Article 183 c.p.c.?

A.Briefs are filed 30, 20, and 10 days after the conclusion of the first hearing of appearance before the judge

B.Only two briefs are permitted, filed 40 days and 20 days prior to the preliminary hearing

C.Parties exchange oral submissions only, reserving written briefs exclusively for final closing arguments

D.Three successive briefs filed respectively at least 40 days, 20 days, and 10 days prior to the first hearing

Explanation: Article 171-ter c.p.c. institutes three sequential preparatory deadlines prior to the Article 183 hearing: at least 40 days before the hearing for clarifying/modifying claims and answering defendant's counterclaims; at least 20 days before for replying to new claims/exceptions and presenting evidentiary requests; and at least 10 days before exclusively for rebuttal evidence (prova contraria).

9Under Article 1385 of the Italian Civil Code, what is the primary legal function of a confirmatory deposit (caparra confirmatoria) if the party who paid it breaches the contract?

A.The non-breaching party who received the deposit may withdraw from the contract and retain the deposit

B.The contract is automatically terminated and the recipient must return the deposit with statutory interest

C.The non-breaching recipient loses the right to seek specific performance or judicial termination

D.The recipient may withdraw only after a court declares the breach, and must return any part of the deposit exceeding proven damages

Explanation: Under Article 1385, second paragraph, of the Italian Civil Code, if the party who gave the caparra confirmatoria fails to perform, the other party may withdraw from the contract (recedere) and keep the deposit. If the party who received the deposit is in breach, the other party may withdraw and demand double the deposit. Under the third paragraph, the non-breaching party may instead seek performance or termination, with damages governed by the general rules.

10How does the burden of proof on fault differ between contractual liability (responsabilità contrattuale, Art. 1218 c.c.) and tort liability (responsabilità extracontrattuale, Art. 2043 c.c.)?

A.Under Article 1218 c.c. the creditor must prove the debtor's gross negligence, whereas under Article 2043 c.c. the wrongdoer is presumed at fault

B.Under Art. 1218 the debtor is liable unless it proves a cause not attributable to it; under Art. 2043 the victim proves fault

C.In both regimes the claimant must prove the defendant's negligence, but tort claims also require proof of intent

D.In both regimes fault is presumed, and the defendant must prove it acted with ordinary diligence

Explanation: Under Article 1218 of the Italian Civil Code, the creditor must prove the source of the obligation and may simply allege non-performance; the debtor is liable for damages unless it proves that non-performance or delay was caused by an impossibility of performance due to a cause not attributable to it. Under Article 2043 c.c., the injured party bears the burden of proving all elements of the tort, including the wrongdoer's intent or negligence, the unjust damage and the causal link.

About the Esame Avvocato Exam

The Esame di Stato for admission to the legal profession is Italy's bar exam, which law graduates must pass after completing the 18-month traineeship in order to enrol as lawyers. The 2026 session, called by D.M. 3 September 2026 under D.L. 100/2026, has two written tests (a reasoned legal opinion and a court document in private, criminal or administrative law, 7 hours each) on 15 and 16 December 2026, followed by a public oral. The oral covers a practical case, questions on procedure, substantive law and a third subject, and a question on professional rules, ethics and social security. OpenExamPrep offers independent practice for these subject areas as an English-language MCQ study adaptation. It keeps Italian legal terms and statutory references but is not an official translation and does not simulate drafting or oral answers.

Exam sponsor: Ministero della Giustizia (central commission and subcommissions at the Courts of Appeal). The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Assessment

Written tests (15 and 16 December 2026, 7 hours each, codes annotated with case law only): (1) parere motivato and (2) atto giudiziario, each in private, criminal or administrative law as chosen by the candidate. Admission to the oral requires at least 18 points in each written test. Oral (public): a practical case in private, criminal or administrative law; three questions on procedure, substantive law and a third subject chosen from constitutional, commercial, labour, ecclesiastical, private international and procedural, EU or tax law; and a question on the rules, ethics and social security of the legal profession. Candidates pass with at least 90 points overall and at least 18 in each component.

Time Limit

7 hours per written test; oral duration set by the subcommission

Passing Score

At least 18 points in each written test; at least 90 points overall in the oral with at least 18 in each of its five components

Exam / Certification Fees

€90.91 (€12.91 tax + €62.00 flat contribution via PagoPA, plus €16.00 stamp duty)

Exam sponsor website

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

Official sources

Ministero della Giustizia — Avvocato, Sessione d'esame 2026 (scheda di sintesi) · Source checked 2026-09-17D.M. 3 September 2026 in G.U. IV serie speciale n. 70 of 11 September 2026; online applications 1 October–11 November 2026
Ministero della Giustizia — Decreto 3 settembre 2026 (bando sessione 2026) · Source checked 2026-09-17Two written tests and one oral, 7 hours per written test, €90.91 fee, scoring thresholds, German option in Bolzano
Consiglio Nazionale Forense — Codice Deontologico Forense (updated 2026) · Source checked 2026-09-17

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.

30%

Civil Law & Civil Procedure

Contracts and obligations, tort liability, property, family and succession, and the Cartabia-reformed civil procedure.

30%

Criminal Law & Criminal Procedure

General principles, key offenses, precautionary measures, investigations, special procedures, evidence and appeals.

20%

Administrative Law & Procedure

Law 241/1990, the Code of Administrative Procedure and public procurement litigation.

20%

Professional Rules, Ethics & Social Security

Law 247/2012, the Codice Deontologico Forense and Cassa Forense, which are a mandatory oral component.

Preparing for the Esame Avvocato Exam

What You Need to Know

Passing score: At least 18 points in each written test; at least 90 points overall in the oral with at least 18 in each of its five components
Assessment: Written tests (15 and 16 December 2026, 7 hours each, codes annotated with case law only): (1) parere motivato and (2) atto giudiziario, each in private, criminal or administrative law as chosen by the candidate. Admission to the oral requires at least 18 points in each written test. Oral (public): a practical case in private, criminal or administrative law; three questions on procedure, substantive law and a third subject chosen from constitutional, commercial, labour, ecclesiastical, private international and procedural, EU or tax law; and a question on the rules, ethics and social security of the legal profession. Candidates pass with at least 90 points overall and at least 18 in each component.
Time limit: 7 hours per written test; oral duration set by the subcommission
Exam / certification fees: €90.91 (€12.91 tax + €62.00 flat contribution via PagoPA, plus €16.00 stamp duty) Official sources

Using Our Practice Resources

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Esame Avvocato: Suggested Study Strategy

1Practise full pareri and atti under 7-hour timed conditions using codes annotated with case law, since the written tests are drafting exercises, not quizzes.

2Choose your written and oral subjects early and study the procedural rules that go with them, such as Cartabia civil procedure deadlines or criminal special procedures.

3Prepare for the mandatory oral question on professional rules, ethics and social security with Law 247/2012, the Codice Deontologico Forense and Cassa Forense rules.

4Check the current version of every provision you cite: recent reforms changed abuse of office, summary judgment, the non-punishability threshold for trivial offenses and the Code of Administrative Procedure.

5When reviewing MCQs, explain aloud why each wrong option fails; the oral rewards clear, structured legal reasoning.

Frequently Asked Questions

What is the format of the 2026 Italian bar exam?

According to the D.M. of 3 September 2026, the exam has two written tests and one oral. On 15 and 16 December 2026, candidates draft a parere motivato and an atto giudiziario, each in private, criminal or administrative law, with 7 hours per test and only codes annotated with case law. The public oral covers a practical case, three questions (procedure, substantive law and a third subject such as constitutional, EU or tax law) and a question on professional rules, ethics and social security.

What score is needed to pass?

Each subcommission member awards up to 10 points. Candidates need at least 18 points in each written test to be admitted to the oral. They pass the oral with at least 90 points overall and at least 18 points in each of its five components.

How much does the 2026 exam cost, and when are applications open?

The total is €90.91: €74.91 paid through PagoPA (a €12.91 tax plus a €62.00 flat contribution to costs) and €16.00 stamp duty. Applications are submitted online on the Ministry of Justice website with SPID, CIE or CNS from 1 October to 11 November 2026, and the traineeship must be completed by 10 November 2026.

Can the exam be taken in a language other than Italian?

The exam is held in Italian. The 2026 bando allows candidates from the Province of Bolzano to use German in tests held at the Bolzano section of the Trento Court of Appeal. There is no English sitting.

Are OpenExamPrep questions official bar exam questions?

No. OpenExamPrep provides independent practice for the knowledge tested in the bar exam as an English-language MCQ study adaptation. The official exam requires written drafting and oral answers in Italian, so use this bank to review rules and reasoning, and practise writing pareri and atti and answering orally separately.