Philippine Bar review · Question

Practice question: Voidable Contracts

Multiple Choice Medium

Practice question

A seventeen-year-old, incapable of consent for this ordinary transaction, contracts with a fully capable adult. No special exception applies, and incapacity is the only defect. What is the proper classification?
  1. Void solely because every minor’s contract is inexistent.
  2. Voidable because one party is incapable of giving consent.
  3. Unenforceable solely because both parties are incapable.
  4. Automatically criminal.
  5. Fully immune from any annulment despite the incapacity.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1390–1399.
  • https://lawphil.net/statutes/repacts/ra1989/ra_6809_1989.html — RA 6809, sections1 and3: majority at eighteen, subject to special-law exceptions.

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