Practice question
A litigant invokes Family Code256 to apply a provision retrospectively. The court stipulates that the proposed application would impair a vested property right protected under the Civil Code, with no valid basis to defeat that protection. The litigant relies solely on the words retroactive effect. Which is correct?
- The express vested-right qualification must also be applied
- The two words eliminate the rest of256
- Any retroactivity clause automatically overrides all protected rights
- The court must ignore the stipulated impairment
- The claimant can remove the limit by private notice
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles2252–2254, Civil Code transition.
- Family Code EO209: https://lawphil.net/executive/execord/eo1987/eo_209_1987.html Article256, Family Code retroactivity.
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