Practice question
A contract has distinct independent lawful services and an unrelated prohibited undertaking. The court finds it divisible and the lawful terms genuinely separable. One party demands rejection of the lawful claim solely because any illegal term exists. Which is correct?
- Article1420 permits enforcement of the separable legal terms
- Every illegality necessarily destroys every divisible lawful part
- Severability validates the prohibited undertaking too
- The parties may privately criminalize the lawful service
- The court must enforce only the illegal part
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles5 and1416–1422.
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