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Philippine Bar review · Question

Practice question: Form of Contracts

Multiple Choice Medium Jurisprudence

Practice question

Two parties make a wholly executory oral sale of land with no applicable written memorandum or ratification. The only defect invoked is the Statute of Frauds. Is the agreement automatically void solely on that basis?
  1. Yes, every Statute of Frauds issue means inexistence
  2. Yes, because performance is illegal
  3. No, the applicable defect is unenforceability under the Statute of Frauds, distinct from nullity
  4. Yes, because oral agreements never exist
  5. No, because the Statute of Frauds has no legal effect

Legal references

  • Civil Code, Articles 1403(2)(e) and 1405: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

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