Philippine Bar review · Question

Practice question: Rescissible Contracts

Multiple Choice Medium

Practice question

The protected incapacity ends and the proper rescission action is filed three years later. All other requirements and chronology are stipulated; no different bar applies. Does an earlier contract date alone erase 1389’s stated start qualification?
  1. Yes; the qualification must always be ignored.
  2. Only the defendant’s preference controls time.
  3. Three years necessarily exceeds four.
  4. No; apply the established incapacity-termination rule.
  5. All rescissible contracts are automatically void.

Legal references

  • Civil Code Articles748,1306,1319-1326,1356-1368,1372,1376 and1382-1389: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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