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Philippine Bar review · Question

Practice question: Capacity to Buy or Sell

Multiple Choice Medium

Practice question

Spouses have a valid separation-of-property marriage settlement and make an otherwise lawful sale between themselves. The sole objection says 1490 has no settlement exception. Which is correct?
  1. Every interspousal sale is prohibited without any exception.
  2. The buyer’s age alone decides.
  3. The asset automatically belongs to the notary.
  4. The express exception must be applied to the established arrangement.
  5. Only an informal oral argument can create the exception.

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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