Philippine Bar review · Question

Practice question: Form of Contracts

Multiple Choice Medium

Practice question

A valid perfected agreement falls within 1358’s documentation rule, with no missing constitutive form. One party seeks the proper public instrument under 1357. Does that necessarily mean a new bargain must first be invented?
  1. Every proper-document request automatically creates a new contract.
  2. No perfected agreement may ever be documented later.
  3. The requesting party may unilaterally change all terms.
  4. No; the remedy concerns documentation of the existing agreement.
  5. Only the notary owns the rights.

Legal references

  • Civil Code Articles748,1306,1319-1326,1356-1368,1372,1376 and1382-1389: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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