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Key Facts: Huissier de justice — Sénégal Exam
2 : 2 : 3
Civil procedure / criminal procedure / enforcement written coefficients
Décret n° 2020-1589, Article 52
45 minutes
Statutory oral duration
Article 52
2 years
Standard theoretical and practical stage
Article 55
Independent English MCQ study for selected huissier concours topics. The official papers include criminal procedure, with three-hour written tests and a 45-minute oral, followed by a two-year stage.
Sample Huissier de justice — Sénégal Practice Questions
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1A creditor presents an unpaid invoice and asks an huissier to begin compulsory execution immediately. Which distinction is essential?
A.A disputed invoice is never usable as evidence, while an undisputed invoice is always an enforceable title.
B.Evidence of a claimed debt and the enforceable title and conditions needed for the proposed execution measure.
C.A signed invoice permits every form of seizure, while an unsigned invoice permits only a judicial sale.
D.A prior demand always converts an invoice into an enforceable judgment.
Explanation: An invoice can support a debt claim without itself satisfying the conditions for compulsory execution. The required title and the conditions of the particular measure must be established under the applicable framework.
2For an OHADA injonction de payer application, what does examining whether the debt is certaine, liquide et exigible involve?
A.Only checking whether the creditor has demanded payment more than once.
B.Only confirming that the debtor owns valuable assets.
C.Establishing the debt's legal existence, determinable amount, and present due status under the applicable procedure.
D.Treating every estimated future loss as a presently payable debt.
Explanation: The simplified payment-order procedure requires examination of the qualifying debt and its supporting documents. Collection prospects or repeated demands do not replace proof that the claim meets the applicable legal conditions.
3What is the principal function of signification of a procedural act?
A.To decide the underlying dispute in the claimant's favour.
B.To certify that every assertion in the act is true.
C.To obtain the recipient's agreement to the claim.
D.To notify the act through the legally prescribed formal process and create a record of that notification.
Explanation: Signification is formal procedural notification. The huissier's record of service must be distinguished from proof of the substantive allegations or agreement by the recipient.
4In Senegalese criminal procedure, which role is associated with the Procureur de la République?
A.Exercising ministère public functions before the relevant court.
B.Acting as the personal lawyer for every accused person.
C.Issuing every civil copy in place of the registry.
D.Determining guilt solely by filing the prosecution's request.
Explanation: The Ministry of Justice identifies the Procureur de la République with the ministère public at the Tribunal de grande instance. Prosecution functions must be distinguished from defence, registry work, and the court's decision.
5Why must an huissier handling criminal procedural documents distinguish a charge from a conviction?
A.A charge always has the same legal effect as a final judgment.
B.An accusation and a judicial determination have different procedural status and must be recorded accurately.
C.A conviction is simply the creditor's description of the dispute.
D.The distinction matters only when the document concerns a company.
Explanation: Procedural accuracy requires stating whether a document alleges an offence or records a court's decision. Treating an accusation as a conviction misrepresents the case and the person's legal position.
6How does the Senegalese statute characterize an huissier de justice titulaire de charge?
A.As a private creditor authorized to decide their own disputes.
B.As a court that can reverse any judgment it serves.
C.As an officier ministériel et public and an auxiliaire de justice.
D.As a defence lawyer appointed automatically for every debtor.
Explanation: The statute identifies the huissier as a ministerial and public officer assisting justice. This professional status does not make the officer the judge, creditor, or debtor's lawyer.
7What is the essential distinction between a saisie conservatoire and a sale in execution?
A.A conservatory seizure always transfers ownership to the creditor immediately.
B.A conservatory measure conclusively determines every disputed claim.
C.A judicial sale is merely a request to preserve assets without realization.
D.A conservatory measure preserves assets or rights; realization for payment requires the applicable further enforcement steps.
Explanation: OHADA distinguishes protective seizure from execution measures directed at payment. Preservation does not by itself settle the merits or complete the process of converting property into money for the creditor.
8A creditor seeks payment from money that a bank owes its debtor. Which distinction is central to selecting the OHADA procedure?
A.Seizure of a debt in a third party's hands differs from seizure and sale of the debtor's tangible goods.
B.A bank balance is necessarily the bank's own property free of any customer claim.
C.The creditor may use the same act for every asset without checking its legal nature.
D.The debtor's account automatically becomes the huissier's personal account.
Explanation: OHADA provides different mechanisms for different asset types, including debts held by third parties and tangible movable goods. Correct classification is necessary before applying the relevant formalities and safeguards.
9A debtor asserts that some listed goods are legally exempt from seizure. What should the huissier do?
A.Treat every exemption claim as proof that the whole debt is extinguished.
B.Examine the applicable exemption rules and the facts, preserving the proper route for any dispute.
C.Seize first because exemptions never apply to movable goods.
D.Allow the creditor alone to decide which statutory exemptions exist.
Explanation: Enforcement is subject to legal limits as well as the creditor's title. A claim of exemption requires examination under the applicable rules and cannot be decided solely by the creditor's preference.
10A debtor offers to sell property already affected by a seizure. Which issue must be examined before treating the proposed sale as unrestricted?
A.Only whether the offered price exceeds the amount of the debt.
B.Only whether the debtor remains physically in possession.
C.The seizure's legal effects on disposal and the procedure governing any authorized sale or release.
D.Only whether the buyer promises to pay the debtor rather than the creditor.
Explanation: Seizure can restrict disposal even when property remains physically with the debtor. The relevant measure and its legal effects determine what may be done with the asset.
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