Philippine Bar review · Question

Practice question: Rescissible Contracts

Multiple Choice Medium

Practice question

A guardian’s contract, not approved by a court, causes the ward lesion of thirty percent of the relevant value. Assuming the other requirements, which Article 1381 ground is implicated?
  1. The guardian-contract ground requiring lesion of more than one-fourth.
  2. The automatic nullity of every guardianship transaction.
  3. Only a Statute of Frauds defect.
  4. Only minority of both contracting parties.
  5. No ground can exist because thirty percent is less than one-fourth.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1380–1389.
  • https://lawphil.net/judjuris/juri2015/jan2015/gr_167519_2015.html — Wellex Group v U-Land Airlines, GR 167519, January 14 2015, main opinion: subsidiary rescission distinguished from Article 1191 resolution.

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