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Philippine Bar review · Question

Practice question: Capacity to Buy or Sell

Multiple Choice Hard

Practice question

A guardian arranges for an intermediary to buy the ward's property for the guardian's benefit at a public auction. The guardian argues that both the intermediary and auction remove Article 1491's restriction. Which answer is correct?
  1. Public auctions and intermediaries always remove the prohibition
  2. The provision applies even at public or judicial auction and through the mediation of another
  3. Only private handwritten sales are covered
  4. The ward automatically loses every legal protection
  5. The guardian's desired profit creates an exception

Legal references

  • Civil Code Articles 1489–1492: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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