Practice question
A contract with an object expressly prohibited by law is void under Article 1409. Years later both parties execute a notarized paper saying they ratify it, although the prohibition and all material facts remain unchanged and no curative law applies. Which answer is correct?
- The paper does not ratify the void contract; mutual assent and notarization cannot supply the missing legality
- Every void contract becomes voidable after one year
- The notary may repeal the prohibition
- Passage of time automatically legalizes the object
- Only the number of signatures matters
Legal references
- Civil Code Articles3–5,7,1334 and1409–1410: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Strategic Alliance Development v. Radstock, GR178158 and180428, December4 2009, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/50847
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