Practice question
Two capable parties make an otherwise valid oral sale of land. It is wholly executory, no sufficient signed memorandum exists, and the party charged timely invokes the Statute of Frauds. No other issue is present. What is the proper characterization of the writing defect?
- The agreement necessarily becomes a crime.
- The land automatically becomes public property.
- The sale is void solely because every sale of land must be notarized for validity.
- The buyer automatically becomes owner before delivery.
- The agreement is unenforceable by action on the stated Statute of Frauds ground, rather than void solely for that defect.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1317,1356–1358 and 1403–1408.
- https://lawphil.net/judjuris/juri2023/aug2023/gr_259469_2023.html — Aliguyon v Dummang, GR 259469, August 30 2023, main opinion: Statute of Frauds and partially executed contracts.
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