Philippine Bar review · Question

Practice question: Autonomy

Multiple Choice Hard

Practice question

An innominate arrangement lawfully combines storage and a specialized monitoring service. One party claims that because no single nominate title exactly fits, the agreement is either nonexistent or governed only by that party's later wishes. Which answer follows Articles 1306 and 1307?
  1. The absence of one nominate label necessarily defeats every obligation
  2. The lawful stipulations govern within the prescribed framework, supplemented by the Code, analogous nominate rules and local customs under Article 1307
  3. The stronger party may write all missing rules unilaterally
  4. The arrangement is exempt from all mandatory law
  5. A court must always convert it into a donation

Legal references

  • Civil Code Articles 1306–1307, 1315, 1409 and 1420: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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