Philippine Bar review · Question

Practice question: Unenforceable Contracts

Multiple Choice Hard

Practice question

Two adults make a wholly executory oral agreement under which one promises a substantial property benefit in consideration of the other’s marriage to a specified person. It is not their mutual promise to marry. No signed memorandum, ratification, special validity defect, or exception exists. With a timely Statute of Frauds objection, which rule applies?
  1. Article1403(2)(c) covers this marriage-consideration agreement
  2. Every promise connected to marriage is excluded from the statute
  3. The exclusion for mutual promises to marry necessarily covers this distinct benefit promise
  4. A signed memorandum is irrelevant in every such case
  5. The agreement is automatically a criminal conviction

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1403(2)(a)–(c),(e),1406,1408,1357.

Answer this question in flashcards to review your response and continue practicing.