Philippine Bar review · Question

Practice question: Autonomy

Multiple Choice Medium

Practice question

Competent parties choose a lawful service schedule and allocation of duties different from an optional default arrangement. No mandatory law or public-policy violation is shown. One argues that customized terms are invalid simply because they differ from the default. Which answer is correct?
  1. Any variation from a default is necessarily void
  2. Article 1306 permits lawful customized terms; the stated difference alone does not invalidate them
  3. Only courts may choose every service schedule
  4. All contracts must copy the same form
  5. The less wealthy party may unilaterally erase every term

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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