Philippine Bar review · Question

Practice question: Sublease and Assignment

Multiple Choice Medium

Practice question

A general Civil Code business lease expressly prohibits subletting. No waiver or special rule intervenes. The lessee invokes 1650 alone to sublet anyway. Which is correct?
  1. The prohibition must always be ignored.
  2. Only a public auction can establish a sublease.
  3. Every business lease is a donation.
  4. The express prohibition defeats that default-permission premise.
  5. The sublessee becomes the owner automatically.

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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