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Module 4

1. The contract for the sale of a minor's property that is under their own guardianship would be voidable and subject to annulment. Minors do not have the legal capacity to consent or understand contracts, and the law prohibits the sale of a minor's property under their own guardianship. 2. A contract of sale between spouses that is null and void cannot be assailed by the spouses themselves due to the doctrine of pari delicto. Creditors who became creditors after the transaction also cannot attack the validity of the sale if they were not prejudiced by it. 3. Foreigners are strictly prohibited from owning land in the Philippines, as land ownership is reserved for

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25 views

Module 4

1. The contract for the sale of a minor's property that is under their own guardianship would be voidable and subject to annulment. Minors do not have the legal capacity to consent or understand contracts, and the law prohibits the sale of a minor's property under their own guardianship. 2. A contract of sale between spouses that is null and void cannot be assailed by the spouses themselves due to the doctrine of pari delicto. Creditors who became creditors after the transaction also cannot attack the validity of the sale if they were not prejudiced by it. 3. Foreigners are strictly prohibited from owning land in the Philippines, as land ownership is reserved for

Uploaded by

mike ranin
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Dela Cruz, Mike Angelo R.

Sec. 1

1. No because the contract is voidable and subject to annulment and ratification. Other than the
minor can easily be a victim of fraud as they are not capable of understanding their actions as
stated in Art. 1327. They are also without a legal capacity to give consent thus the absence
thereof cannot give rise to a valid sale. Also, a contract of sale between a minor whose property
is under his own guardianship is prohibited by law under Article 1491.

2. No, even though the contract of sale between Wakando and Wakanda is considered as Null and
Void, not everyone has the right to assail the validity of the transaction including the spouses
themselves for pari delicto will apply. Also, creditors who became as such after the transaction
cannot attack the validity of sale for it cannot be said that they have been prejudiced by the
transaction.

3. No, as a rule, they are strictly prohibited by law to own any property in the Philippines for it is
reserved for the Filipino people only. They are legally allowed to own houses and other types of
buildings, but they are prohibited from owning a land where the property is attached.

4. No, it will be without effect or void. It is because no sale was perfected due to the destruction of
the object, thus, there is no point in pursuing the contract. Also, because the object was
destroyed before the perfection, it is the owner, who is the seller who will bear the loss, (Res
perit domino).

5. No because the contract is extinguished due to fortuitous event. Under Article 1189, if the thing
is lost without the fault of the debtor, the obligation shall be extinguished.

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