Philippine Bar review · Question

Practice question: Right of First Refusal

Multiple Choice Medium

Practice question

A binding clause forms part of a paid lease. The lessor attacks it solely because no separate first-refusal fee was itemized. The case fits Equatorial’s integrated-stipulation setting. Which is best?
  1. The clause necessarily is void regardless of the lease bargain.
  2. Every paid lease automatically is a sale.
  3. The lessee necessarily owns the property already.
  4. That sole separate-fee objection does not defeat the integrated priority clause.
  5. Only the broker may create consideration.

Legal references

  • Civil Code Articles1306,1475,1482,1490-1492,1504,1522-1523 and1589-1590: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Equatorial Realty v. Mayfair Theater, G.R.106063, November21,1996, EN BANC MAIN: https://lawphil.net/judjuris/juri1996/nov1996/gr_106063_1996.html

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