OAB Bar Exam (Exame de Ordem), First Phase · Constitutional and Civil Law

Civil and Consumer Law

29 practice questions, each with the answer and an explanation.

Practise Civil and Consumer Law now

Random questions from this topic, one at a time. You see the answer and the explanation straight after each one.

All 29 questions

  1. From what moment does civil personality begin under Article 2 of the Civil Code?
  2. At what age does a person acquire full civil capacity under Article 5 of the Civil Code?
  3. Who is absolutely incapable of personally exercising civil acts under Article 3 of the Civil Code?
  4. What is the general limitation period (prescrição) when the Civil Code does not set a shorter term (Article 205)?
  5. What is the limitation period for a claim for civil reparation in a tort case (Article 206, §3, V)?
  6. Which claim is time-barred in five years under Article 206, §5, I of the Civil Code?
  7. How does decadência (forfeiture) differ from prescrição (limitation) in Brazilian civil law?
  8. Which requirement for the validity of a juridical act is listed in Article 104 of the Civil Code?
  9. Which defect makes a juridical act merely voidable (anulável) rather than void (nulo) under the Civil Code?
  10. Which duty must the parties observe in the conclusion and the performance of a contract (Article 422)?
  11. Which elements ordinarily make up civil liability for a wrongful act (Articles 186 and 927)?
  12. A company's delivery van hits a pedestrian while the driver is working. How is the employer's liability treated under Articles 932, III and 933?
  13. If spouses make no premarital agreement, which property regime applies (Article 1640)?
  14. At what age of either spouse is the regime of separation of property mandatory under Article 1641, II?
  15. When does succession open and the heirs receive the estate, according to Article 1784?
  16. A man with two children and no spouse wants to leave his entire estate to a friend by will. How much may he freely dispose of (Articles 1789 and 1846)?
  17. Who is called first in the order of hereditary succession under Article 1829?
  18. Which criterion governs the amount of maintenance (alimentos) under Article 1694, §1?
  19. How is ownership of real estate transferred by a contract of sale (Article 1245)?
  20. A person lives continuously, without opposition, on a 200 m2 urban lot as their only home and owns no other property. Under Article 1240, how long must possession last to acquire the lot by usucapião?
  21. What is the period to complain about apparent defects in durable goods under Article 26 of the Consumer Code?
  22. What does Article 49 of the Consumer Code give to a consumer who buys outside the commercial establishment, such as online?
  23. What is the limitation period for a damage claim for a product that injured the consumer (fato do produto, Article 27 of the Consumer Code)?
  24. A contract fixes a penalty clause (cláusula penal) of R$ 50,000 for a main obligation worth R$ 30,000. What do Articles 412 and 413 of the Civil Code provide?
  25. Under Article 1.521 of the Brazilian Civil Code, which of these couples is barred from marrying?
  26. Under Article 265 of the Brazilian Civil Code, how does joint and several liability (solidariedade) arise in an obligation?
  27. Out of urgent need for money, a person agrees to pay a price manifestly out of proportion to what she receives. No one threatened her and she was not trying to save anyone from serious harm. Which def…
  28. Under Article 1.219 of the Brazilian Civil Code, which improvements (benfeitorias) may a possessor in good faith be compensated for?
  29. Under Article 1.845 of the Brazilian Civil Code, who are the necessary heirs (herdeiros necessários)?

Keep practising

More OAB Bar Exam (Exame de Ordem), First Phase topics

All OAB Bar Exam (Exame de Ordem), First Phase practice →

Ready for the full OAB Bar Exam (Exame de Ordem), First Phase test?

Take a mock testOAB Bar Exam (Exame de Ordem), First Phase hub
Civil and Consumer Law practice questions | GetMyMockTest