Fachanwalt SAV Familienrecht Practice Questions - Fachanwalt SAV Familienrecht Avocat spécialiste FSA droit de la famille Exam - Fachanwalt SAV Familienrecht Practice Questions - Fachanwalt SAV Familienrecht Avocat spécialiste FSA droit de la famille Exam

Question 1

Spouse A is the sole registered owner of the single-family house in Winterthur that serves as the marital home (Wohnung der Familie) for Spouse A, Spouse B, and their minor children. Without Spouse B's knowledge or consent, Spouse A signs a notarized deed of sale selling the property to a third-party real estate investor. What is the legal effect of this sales contract under Swiss marriage law?

The alienation is absolutely invalid (nichtig) because a spouse cannot alienate or encumber the family home without the other spouse's express written consent under ZGB Art. 169 Abs. 1. The alienation is fully valid and enforceable against Spouse B because Spouse A is the sole registered owner in the land register (Grundbuch) and has absolute authority of disposition. The alienation is valid but gives Spouse B an immediate statutory compensation claim of 50% of the market value under marital property liquidation rules. The alienation is provisionally valid for 30 days during which Spouse B must obtain a retroactive court injunction to contest the commercial transfer.

Correct Answer:

The alienation is absolutely invalid (nichtig) because a spouse cannot alienate or encumber the family home without the other spouse's express written consent under ZGB Art. 169 Abs. 1.

Question 2

During their marriage, Spouse A purchases groceries, household supplies, and children's clothing totaling CHF 4,500 on credit from a local department store. When Spouse A fails to pay the invoices, the department store initiates debt collection proceedings (Betreibung) directly and exclusively against Spouse B. Is Spouse B legally liable for these debts?

No, because under the principle of separate debt liability (Art. 202 ZGB), each spouse is exclusively responsible for debts contracted under their own signature. Yes, because both spouses are jointly and severally liable (solidarisch haftbar) for legal acts concluded by either spouse to satisfy the ongoing everyday needs of the family (laufende Bedürfnisse) under ZGB Art. 166 Abs. 1 and 3. No, because joint and several liability under ZGB Art. 166 only arises if Spouse B signed an explicit guarantee or statutory co-debtor agreement. Yes, but only if the matrimonial property regime is Community of Property (Gütergemeinschaft) and not the statutory Participation in Acquired Property (Errungenschaftsbeteiligung).

Correct Answer:

Yes, because both spouses are jointly and severally liable (solidarisch haftbar) for legal acts concluded by either spouse to satisfy the ongoing everyday needs of the family (laufende Bedürfnisse) under ZGB Art. 166 Abs. 1 and 3.

Question 3

In the context of marital protection proceedings (Eheschutzverfahren), Spouse B suspects that Spouse A is concealing substantial liquid assets and securities held in Swiss private bank accounts. Spouse A refuses to disclose bank statements or tax filings. What procedural mechanism does Swiss law provide to enforce transparency?

Spouse B must wait until the formal divorce evidentiary phase (Beweisverfahren) because duty of information does not apply during Eheschutz. Spouse B can only request a penal search warrant under StPO Art. 196 for suspected fraudulent bankruptcy. The court can order Spouse A as well as third parties (employers, banks, insurance companies, tax authorities) to furnish all necessary documents and information under ZGB Art. 170 Abs. 2. Spouse B is restricted to requesting a certified asset extract from the local debt collection registry (Betreibungsauszug).

Correct Answer:

The court can order Spouse A as well as third parties (employers, banks, insurance companies, tax authorities) to furnish all necessary documents and information under ZGB Art. 170 Abs. 2.

Question 4

Spouse A earns CHF 14,000 net per month as a corporate lawyer, while Spouse B manages the household and cares for the couple's three young children without outside employment. Spouse A covers all household expenses and direct bills but refuses to give Spouse B any personal spending money, claiming Spouse B has no income. What statutory claim does Spouse B have under Swiss marriage law?

Spouse B has no legal claim because Swiss law only obligates spouses to provide physical shelter and direct consumables. Spouse B can only claim a share of profits if Spouse A runs an incorporated family business under OR Art. 620. Spouse B must initiate an immediate action for separation of property under ZGB Art. 185 to obtain a monthly wage. Spouse B is entitled to a reasonable monetary amount for personal discretionary use (Betrag zur freien Verfügung) under ZGB Art. 164.

Correct Answer:

Spouse B is entitled to a reasonable monetary amount for personal discretionary use (Betrag zur freien Verfügung) under ZGB Art. 164.

Question 5

During marital protection proceedings (Eheschutz), Spouse A begins liquidating significant commercial real estate assets and transferring proceeds to offshore accounts to frustrate future maintenance and property claims. Spouse B petitions the court for emergency protective measures. Which order can the Eheschutz judge issue under ZGB Art. 178?

The judge may order a restriction of power of disposal (Verfügungsbeschränkung) and instruct the land registry to enter a priority notice (Grundbuchanmerkung) prohibiting unapproved encumbrances or transfers. The judge may immediately order the total expropriation of Spouse A's real estate assets and assign them into a state trust. The judge can only issue an informal moral reprimand (Ermahnung) because property ownership rights cannot be restricted prior to final divorce. The judge must automatically convert the property regime to Community of Property (Gütergemeinschaft) with immediate co-ownership.

Correct Answer:

Question 1

Exam overview

About this Exam

Prepare with the Fachanwalt SAV Familienrecht Practice Questions - Fachanwalt SAV Familienrecht Avocat spécialiste FSA droit de la famille Exam practice quiz. This question bank includes 100 questions covering spouse, property, divorce, swiss, and marriage. Use it to review important concepts, identify knowledge gaps, and build confidence for the related exam, course, or assessment.

More details

Additional Information

Fachanwalt SAV Familienrecht Practice Questions - Fachanwalt SAV Familienrecht Avocat spécialiste FSA droit de la famille Exam

This practice set contains 100 questions from the matching question bank and focuses on spouse, property, divorce, swiss, and marriage. Work through each question carefully, review the provided solutions, and revisit topics that need more study before your next attempt.

This is an independent study resource intended for practice and review; it is not an official examination or an endorsement by any organization named in the title.

Quiz information

Frequently Asked Questions

The complete question count is available after full access is unlocked.

No fixed duration is currently configured for this quiz.

Question explanations are included where they are available in the quiz content, helping you review the reasoning after answering.

Yes. You can retake the practice test again as you continue studying during your available access period.

After your access is confirmed, you can continue into the complete practice exam from this quiz flow.

Unless explicitly stated otherwise, this page provides independent practice material for study and exam preparation and is not the official examination itself.

Keep studying

Correct Answer:

Correct Answer:

Correct Answer:

Correct Answer:

Correct Answer:

About this Exam

Additional Information

Fachanwalt SAV Familienrecht Practice Questions - Fachanwalt SAV Familienrecht Avocat spécialiste FSA droit de la famille Exam

Frequently Asked Questions

Related Questions

Benin CAPA Practice Questions - Benin CAPA - Certificat d'Aptitude à la Profession d'Avocat Exam

Burkina Faso CFPA CAPA Practice Questions - Burkina Faso CFPA-BF CAPA - Certificat d'Aptitude à la Profession d'Avocat Exam

Cameroon Bar Exam Practice Questions - Cameroon Bar Pupilage Entrance Exam - Examen d'Aptitude au Stage d'Avocat (Cameroon) Exam

CAPA Avocat CI Practice Questions - CAPA - Certificat d'Aptitude à la Profession d'Avocat (Côte d'Ivoire) Exam

DR Congo CAPA Avocat Practice Questions - Certificat d'Aptitude Professionnelle (CAPA) - Épreuve de fin de stage d'avocat (DR Congo) Exam

Fachanwalt SAV Arbeitsrecht Practice Questions - Fachanwalt SAV Fachanwältin SAV Arbeitsrecht (Avocat spécialiste FSA droit du travail) Exam