Philippine Bar review · Question

Practice question: Autonomy

Multiple Choice Medium

Practice question

Two parties sign an agreement for a service expressly prohibited by law and argue that notarization validates it under freedom of contract. Which proposition is correct?
  1. Notarization necessarily cures an unlawful object
  2. Autonomy remains subject to law; notarization does not cure the prohibited contractual object
  3. Only the notary's preference matters
  4. Every signed agreement is enforceable regardless of object
  5. The prohibition disappears if payment is made

Legal references

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

Answer this question in flashcards to review your response and continue practicing.