Philippine Bar review · Question

Practice question: Essential Requisites

Multiple Choice Hard Jurisprudence

Practice question

Two parties make a contract without stating its cause in the document. No evidence establishes absence or illegality of cause, and the other essential elements are present. One party insists that omission of a recital alone necessarily proves nullity. Which is correct?
  1. A cause recital is universally constitutive
  2. Every unstated cause is presumed criminal
  3. Article 1354 presumes existence and lawfulness of cause unless the debtor proves otherwise; omission alone does not establish the asserted defect
  4. The court may invent an unlawful cause
  5. Object and consent cease to matter

Legal references

  • Civil Code, Article 1354: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

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