Practice question
A party defends enforcement of a contract whose purpose is contrary to a mandatory law by showing that the industry has commonly ignored the prohibition for decades. No statute authorizes validity and the law remains in force. Which combined Civil Code principles apply?
- Disuse automatically repeals the law
- Custom always validates an illegal purpose
- Article 5's rule remains, and Article 7 says nonobservance is not excused by disuse or contrary custom
- Long practice changes every mandatory law into advice
- Only the contract's profitability 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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