Practice question
Can parties invoke contractual autonomy to make a clause valid solely because both agreed, when the clause is expressly prohibited by controlling law?
- No, agreement does not override a controlling prohibition
- Yes, consent always defeats every statute
- Yes, if the document is long
- Yes, if neither party consulted a lawyer
- Yes, if the clause has a title
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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