Philippine Bar review · Question

Practice question: Autonomy

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Practice question

A debtor argues that every signed mortgage clause is valid because private parties chose it. Apply Articles1306,2088 and2130 to automatic appropriation and an absolute ban on alienation.

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1171,1229,1306,1956,2088,2130.
  • GR126800 November29,1999 MAIN: https://lawphil.net/judjuris/juri1999/nov1999/gr_126800_1999.html — Article1306 and prohibited automatic appropriation.

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