Philippine Bar review · Question

Practice question: Void and Inexistent Contracts

Multiple Choice Medium

Practice question

An unlawful noncriminal agreement involves fault by both parties and no exception to Article1412 is established. May either recover what was given or demand the other’s promised performance under that rule?
  1. No; neither has those claims against the other under the stated rule
  2. Yes; both automatically recover double
  3. Yes; the first to sue always wins
  4. Yes; notarization alone removes their fault
  5. Yes; every illegal agreement creates enforceable performance rights

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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