Philippine Bar review · Question

Practice question: Sublease and Assignment

Multiple Choice Medium

Practice question

A valid lease expressly permits assignment without separate further lessor consent, and all applicable requirements are satisfied. The lessor invokes 1649 as though no contrary clause could matter. Which is best?
  1. The default necessarily overrides every permitted contrary clause.
  2. Every assignment automatically is illegal.
  3. Only the rent amount can determine consent.
  4. The assignee must become a public official.
  5. The article expressly allows the stipulated contrary arrangement.

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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