Philippine Bar review · Question

Practice question: Void and Inexistent Contracts

Multiple Choice Hard

Practice question

Tomas delivers money for an illegal purpose, then repudiates before the purpose is accomplished and before any third person is damaged. The court finds recovery would serve the public interest. Under Article1414, is recovery necessarily barred solely because Tomas initially participated?
  1. No; the court may allow recovery under the stated exception
  2. Yes; Article1414 never permits a participant to recover
  3. Yes; early repudiation is irrelevant in every case
  4. Yes; only the recipient may repudiate
  5. Yes; recovery would automatically validate the illegal purpose

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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