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Free Practice Questions for Togo CAPA

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Key Facts: Togo CAPA Exam

3 written + 5 oral subjects

Regional assessment structure; these are not MCQ counts

Execution Regulation No. 001/2019, Articles 14–16

4 / 3 / 3 hours

Processual law, dispute resolution, and general-culture written papers

Execution Regulation No. 001/2019, Article 15

Mandatory preparation

Course attendance is required before the examination

Execution Regulation No. 001/2019, Article 7

Free independent English MCQs for Togo CAPA topics. Official assessment combines written legal work and oral admission, including English. Current Togo dates, fees, and a complete permitted response-language list remain unverified.

Sample Togo CAPA Practice Questions

Try these sample questions to review concepts for the Togo CAPA exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 32+ question experience with AI tutoring.

1A company is defending civil proceedings at first instance in Togo. Unless a specific national exception applies, what does UEMOA Regulation No. 05 require?
A.Representation by an avocat
B.Representation by its accountant without counsel
C.Representation by its director without counsel
D.Counsel only if the company appeals
Explanation: Article 5 makes counsel compulsory for legal persons before every jurisdiction and at every procedural stage, subject to specific national exceptions. Do not extend that rule to say that every individual must have counsel in every first-instance civil case.
2A contractual claim is being considered for an OHADA injonction de payer. Which combination describes the required qualities of the debt itself?
A.Certain, liquid, and not yet due
B.Certain, liquid, and due
C.Probable, unquantified, and due
D.Disputed in amount, but secured by property
Explanation: Article 2 of the revised recovery act requires a créance certaine, liquide et exigible. A contractual basis does not dispense with certainty, a determined monetary amount, or present enforceability.
3An OHADA payment order was not initially served personally. No later act has been served personally and no enforcement measure has frozen the debtor's assets. Can the creditor assume opposition is finally barred solely because ten days have passed since the initial service?
A.Yes; the special rule applies only to corporate debtors
B.Yes; non-personal service always starts the same final cutoff
C.No; Article 10 preserves opposition until ten days after the first later personal service or, failing that, the first enforcement measure making assets unavailable
D.No; opposition remains available indefinitely even after later personal service
Explanation: Article 10 protects a debtor who did not receive personal service by specifying these later triggers for the ten-day opposition window. Counsel must investigate actual service and enforcement events rather than assume that the original non-personal service conclusively closed the remedy.
4After a saisie-attribution is served on a bank under the revised OHADA recovery act, what debtor-notification requirement must counsel check?
A.Dénonciation within eight days, on pain of caducité
B.Dénonciation within one month, on pain of caducité
C.Notification only when the debtor challenges the attachment
D.Notification only after funds have been paid to the creditor
Explanation: Article 160 requires denunciation of the attachment to the debtor within eight days, on pain of caducité. This notification is distinct from service of the attachment on the bank and from the debtor's period for challenging it.
5A creditor has made an OHADA saisie-conservatoire without an enforceable title. Which step preserves the attachment under Article 61?
A.Wait until the debtor challenges it before pursuing a title
B.Obtain only a renewal of the attachment authorization
C.Introduce proceedings or perform the formalities needed to obtain a title within one month of the attachment
D.Obtain a final enforceable judgment within eight days of the attachment
Explanation: Article 61 requires proceedings or the necessary formalities toward obtaining an enforceable title within one month, on pain of caducité. It does not require completion of the entire merits case within that month.
6Before an ordinary OHADA saisie-vente of tangible movable property, which preliminary act does Article 92 require?
A.A debtor's written consent to the eventual auction
B.An unsuccessful mediation recorded by a mediator
C.A fresh merits judgment authorizing every individual asset seizure
D.A commandement de payer served at least eight days before seizure
Explanation: Article 92 requires a formal commandement de payer at least eight days before the seizure. It must identify the enforceable title and claimed sums and warn of forced sale if payment is not made.
7Police tell an avocat that assistance must wait until the client's first appearance before an investigating judge. Which UEMOA rule answers that position?
A.Assistance begins only once a criminal court lists the trial
B.Article 5 permits assistance from interpellation and during preliminary investigation, without requiring a lettre de constitution at that stage
C.Assistance begins only after the prosecutor issues a written referral
D.Assistance during preliminary investigation is limited to civil claims
Explanation: Article 5 expressly provides assistance from interpellation, including during preliminary investigation at police, gendarmerie, or prosecution premises. It says no lettre de constitution can be required at that stage; this item does not invent a separate Togolese custody-duration rule.
8A prosecutor argues that a person's status as an accused is itself enough to establish guilt. Which response follows Article 7 of the declaration annexed to Togo's 2024 Constitution?
A.A charge establishes guilt unless an appeal succeeds
B.A charge establishes guilt whenever the alleged victim is a public body
C.Innocence is presumed only before an investigation begins
D.A suspect or accused remains presumed innocent until guilt is established
Explanation: The annexed declaration preserves the presumption of innocence until guilt has been established. It also guarantees a fair hearing before an independent and impartial judge; accusation is not proof of guilt.
9Two businesses agree to arbitrate a dispute that has already arisen. Under the OHADA arbitration act, what is that submission agreement called?
A.A clause compromissoire covering future contractual disputes
B.A convention de médiation appointing a facilitator
C.A compromis d'arbitrage
D.A transaction recording an agreed settlement of the merits
Explanation: Article 3-1 distinguishes a compromis, concerning an existing dispute, from a clause compromissoire covering disputes that may arise from a contractual relationship. The compromis submits the dispute for determination rather than recording a negotiated settlement.
10A party claims that nullity of a commercial contract automatically invalidates its arbitration agreement. What is the best response under OHADA Article 4?
A.The arbitration agreement is separate, so the contract's nullity does not itself invalidate that agreement
B.The agreement survives only if a notary approved the main contract
C.The agreement necessarily fails because every clause shares the contract's fate
D.The agreement survives only if a state judge has already upheld the merits of the contract
Explanation: Article 4 recognizes the independence of the arbitration agreement from the principal contract. That prevents automatic invalidation, while leaving any separate challenge to the arbitration agreement to be assessed on its own grounds.

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