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Philippine Bar review · Question

Practice question: Obligations of the Agent and of the Principal

Multiple Choice Medium

Practice question

Principal does not prohibit substitution but grants no specific appointment power. Agent appoints a substitute and 1892(1) applies. Is appointment necessarily treated identically to appointment against an express prohibition?
  1. Every unprohibited appointment necessarily violates an express prohibition.
  2. No agent can ever appoint anyone.
  3. Only the substitute may define the statute.
  4. The distinction automatically eliminates all liability.
  5. No; the article distinguishes agent responsibility from the separate prohibited-appointment voidness rule.

Legal references

  • Civil Code Articles1649-1652,1663-1668,1870-1875,1890-1893 and1921-1932: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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