Practice question
Two parties stipulate that a contract's object will violate a concededly applicable prohibitory law. No statutory validity exception applies. Does their mutual consent alone make the contract valid?
- Yes, agreement overrides every law
- Yes, private autonomy is unlimited
- Yes, only the title matters
- No; consent does not displace the mandatory legal limit
- Yes, if the parties act politely
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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