Philippine Bar review · Question

Practice question: Presumption of Capacity to Act

Multiple Choice Easy

Practice question

What does1328 expressly provide for a contract entered during a lucid interval?
  1. It is valid, subject to other applicable requisites
  2. It is automatically void merely because other intervals were not lucid
  3. It always needs a criminal conviction first
  4. It transfers all property without a contract
  5. It is necessarily a will

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1328,1330 and1332.
  • Alamayri v Pabale GR151243 April30,2008 MAIN: https://lawphil.net/judjuris/juri2008/apr2008/gr_151243_2008.html MAIN burden, distinct guardianship and contract-capacity inquiries.
  • Almeda v Heirs of Almeda GR194189 September14,2017 MAIN: https://lawphil.net/judjuris/juri2017/sep2017/gr_194189_2017.html

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