Practice question
A litigant says that because an executory oral land sale may raise Statute of Frauds unenforceability, a sale by an agent lacking the written authority required by Article 1874 must have exactly the same defect and always the same consequence. Which is correct?
- All formal defects have identical consequences
- Every lack of notarization means the same thing
- The label selected by the buyer controls
- Neither rule ever affects a transaction
- The rules must be distinguished: the Statute of Frauds concerns the specified enforceability defect, while Article 1874 expressly prescribes voidness for lack of the agent’s written authority
Legal references
- Civil Code, Articles 1403(2)(e), 1405 and 1874: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
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