Practice question
After applying the preceding interpretive rules, a court finds it absolutely impossible to resolve a doubt about an incidental circumstance of a gratuitous contract. The principal object is known. What does Article 1378 direct?
- Favor the greatest transfer of property in every case.
- Automatically treat the agreement as onerous.
- Favor the least transmission of rights and interests.
- Declare nullity solely because every incidental doubt is fatal.
- Award all property to the drafter regardless of intention.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1370–1378.
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