Philippine Bar review · Question

Practice question: Void and Inexistent Contracts

Essay Medium

Practice question

Explain why absolute simulation makes a purported sale void and why a merely fictitious instrument should not automatically be treated as a valid donation. Assume neither party intended the stated sale or any other real transfer.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1346,1352,1409–1412 and 1416,1420–1422.

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