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BLAW Quiz in Forms of Contracts

The document discusses two quizzes regarding the validity of a land sale contract. For the first quiz, the sale was documented privately but not through a public notary, and is still valid under Philippine law as long as the essential elements of the contract are present. For the second quiz, the buyer has the right to compel the seller to record their private contract into a public instrument.

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Wyn Dignos
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477 views

BLAW Quiz in Forms of Contracts

The document discusses two quizzes regarding the validity of a land sale contract. For the first quiz, the sale was documented privately but not through a public notary, and is still valid under Philippine law as long as the essential elements of the contract are present. For the second quiz, the buyer has the right to compel the seller to record their private contract into a public instrument.

Uploaded by

Wyn Dignos
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Quizzes

a. Kaye Tan (seller) and Kate Kadin (buyer) entered into a contract of
sale of parcel of land.  The sale is embodied only in a private
document and not in a public instrument because it was not
acknowledged before a notary public as required by law.  Is the
sale valid?

Answer: According to Article 1356 that, Contracts shall be obligatory,


in whatever form they may have been entered into, provided all the
essential requisites for their validity are present. Therefore, the sale is
valid since it was documented in writing, even if it was not made public
through the use of a public instrument.

b. In the same example, what rights, if any, are acquired by the


contracting parties?

Answer: Kate Kadin (buyer) has the right to compel Kaye Tan (seller)
to record the contract in a public instrument.

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