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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSD. Mandatory, Prohibitory and Permissive Laws (Civil Code, Art. 5)

Question

I. EFFECT AND APPLICATION OF LAWS - D. Mandatory, Prohibitory and Permissive Laws (Civil Code, Art. 5)

Scenario 1:

Carlos is a landlord renting out an apartment unit to tenants. He includes a clause in the lease agreement stating that the tenants must not own any pets. However, one of the tenants, Maria, decides to bring a pet dog into the apartment. Carlos finds out and demands that Maria remove the pet immediately. Maria argues that the clause in the lease agreement is a prohibitory law and therefore has no effect.

Scenario 2:

Juanita, a business owner, wants to expand her store by constructing an additional floor. She applies for a building permit from the local government. The local government, in their zoning regulations, imposes a height limit on buildings in Juanita's area. However, Juanita decides to construct a floor that exceeds the height limit without seeking any special permits. The local government discovers the violation and orders Juanita to demolish the additional floor. Juanita claims that the height limit imposed by the local government is merely a permissive law and does not have to be strictly followed.




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Bar Review Question: I. EFFECT AND APPLICATION OF LAWS - D. Mandatory, Prohibitory and Permissive Laws (Civil Code, Art.