Philippine Bar review · Question

Practice question: Capacity to Buy or Sell

Multiple Choice Hard

Practice question

Spouses live in different houses but have neither an applicable settlement separation nor a qualifying judicial separation of property. They invoke physical separation alone as the 1490 exception. Which is best?
  1. Separate residence alone is not the specified legal property-separation exception.
  2. Every separate address automatically changes the regime.
  3. The spouses may privately disregard every statutory restriction.
  4. Only the street name determines capacity.
  5. The property must become ownerless.

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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