Practice question
A proven commercial practice conflicts with an applicable mandatory legal prohibition. A party invokes 1376 to override that law by customary implication. Which is correct?
- Every custom automatically repeals statutes.
- Interpretive usage does not itself authorize an unlawful stipulation contrary to mandatory limits.
- Industry practice makes all prohibitions optional.
- Only the party’s profit determines validity.
- The contract must govern every stranger.
Legal references
- Civil Code Articles748,1306,1319-1326,1356-1368,1372,1376 and1382-1389: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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