Philippine Bar review · Question

Practice question: Special Power of Attorney

Multiple Choice Hard

Practice question

An agent is to novate an existing obligation so that it is extinguished and replaced. The SPA grants only routine bill payment. Which is correct?
  1. The proposed extinguishing novation needs the relevant special authority.
  2. Routine payment necessarily authorizes every novation.
  3. The creditor alone may enlarge the agency.
  4. Changing the heading supplies every missing operative power.
  5. Existing obligations cannot be addressed by special powers.

Legal references

  • Civil Code, Articles 1654-1663 and 1878, specific provision identified: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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