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

Civil Law

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

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

All 33 questions

  1. What is a 'liminar' in a lawsuit?
  2. In the Code of Civil Procedure, how are procedural deadlines counted?
  3. According to the Civil Code, when does a natural person's civil personality begin?
  4. Under the Consumer Protection Code, what is the right of withdrawal for contracts made outside the business premises?
  5. What is the general limitation period under the Civil Code when the law sets no shorter one?
  6. What portion of the estate is the legítima, reserved to the necessary heirs?
  7. Which matrimonial property regime applies if the couple does not choose another one?
  8. What is the effect of a 'fiança' (suretyship)?
  9. At what age can parents emancipate a minor by public instrument?
  10. Which of these is a defect of the legal act (defeito do negócio jurídico) under the Civil Code?
  11. When is civil liability objective, that is, without proof of fault?
  12. What is the order of succession in intestate inheritance according to Article 1829?
  13. What is the limitation period for a claim for civil liability (reparação civil)?
  14. Which person may be the object of 'interdição' under the Civil Code and the Statute of Persons with Disabilities?
  15. In which regime is marriage with persons over 70 years old mandatorily under separation of property?
  16. What is 'mora' in civil law?
  17. At what age does a person acquire full civil capacity in Brazil?
  18. What is the effect of 'trânsito em julgado'?
  19. Who must prove the facts alleged by the plaintiff in a civil lawsuit, in general?
  20. Who is absolutely incapable of exercising civil acts under the Civil Code?
  21. Which regime of property means that assets acquired by onerous title during the marriage belong to both spouses?
  22. What does Article 927 of the Civil Code say about someone who causes harm by an unlawful act?
  23. What is the general deadline to answer a lawsuit (contestação) in the Code of Civil Procedure?
  24. What does the social function of the contract (Article 421) imply?
  25. In a joint obligation with solidarity (obrigação solidária), what may the creditor do?
  26. Which Civil Code principle requires contractual parties to act with honesty and loyalty in the conclusion and performance of a contract?
  27. What is the deadline for filing an appeal (apelação) in civil procedure?
  28. What is the period of extraordinary adverse possession (usucapião extraordinária) under Article 1238?
  29. What is the deadline for embargos de declaração in civil procedure?
  30. What is the difference between a void act (nulo) and a voidable act (anulável)?
  31. What is the period to annul a voidable legal act (negócio anulável) when the law does not set another one?
  32. What is the maximum area for urban special adverse possession (usucapião urbana) under the Constitution?
  33. In the Consumer Protection Code, what is the deadline to complain about apparent defects in durable goods?

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