Practice question
A mortgage includes two disputed terms: an absolute prohibition on the owner alienating the mortgaged immovable, and a clause automatically vesting it in the lender on default. The lender says that the borrower’s independent legal advice makes both terms enforceable solely under autonomy. Which answer is sound?
- Legal advice does not displace Articles2130 and2088 governing those terms
- Legal advice repeals all statutory limits between advised parties
- Every mortgage necessarily includes both powers by law
- An absolute prohibition is valid whenever automatic appropriation accompanies it
- Automatic appropriation cures an unlawful restraint 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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