Philippine Bar review · Question

Practice question: Express and Implied Novation

Multiple Choice Hard

Practice question

The original obligation was absolutely void and no 1298 exception or independent valid new undertaking is established. A party relies solely on calling its replacement novation to cure the original. Which is best?
  1. The label does not defeat 1298’s rule concerning the void original.
  2. Every novation label automatically validates illegality.
  3. A notary may repeal every nullity rule.
  4. Only the new paper’s color matters.
  5. The original necessarily becomes valid retroactively.

Legal references

  • Civil Code Articles748,1236-1237,1270-1299 and1302: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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