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Philippine Bar review · Question

Practice question: Capacity to Buy or Sell

Multiple Choice Medium

Practice question

An agent buys entrusted property with the principal’s valid consent, and all other requirements are satisfied. Is lack of consent still an established 1491(2) obstacle?
  1. Yes; consent is expressly irrelevant.
  2. The agent necessarily owns every principal asset.
  3. Only a private creditor can consent.
  4. All agency sales automatically are void regardless of facts.
  5. No; the article expressly qualifies the agent rule by principal consent.

Legal references

  • Civil Code Articles1306,1475,1482,1490-1492,1504,1522-1523 and1589-1590: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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