Practice question
An incapable person delivers property under an illegal contract. The court finds that the interests of justice demand its recovery. The recipient invokes an absolute rule that participation makes recovery impossible. Which Article1415 response is correct?
- The court may allow the incapable person to recover
- Recovery is forbidden even under Article1415
- The incapable person must perform every illegal promise
- Only the recipient’s later consent can authorize recovery
- The illegal contract is thereby ratified as valid
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1409(4),(6),1411–1412,1414–1415,1421–1422.
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