Practice question
Does nullity of a penal clause necessarily invalidate an otherwise valid principal obligation?
- Yes, in every case
- Yes, if the debtor requests it
- Yes, if the clause is printed
- Only if the creditor is a company
- No; Article 1230 distinguishes the accessory clause from the principal obligation
Legal references
- Civil Code, Article 1230: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
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