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    Sedano Aizik Dohnavan C 11 Quiz 1 Arg

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    Jhennifer Almero
    1. The contract between Nancy (Candy's guardian) and Dante for the sale of Candy's condominium unit is not valid. As a guardian, Nancy is prohibited from purchasing Candy's property. However, the sale is voidable rather than void. 2. The answer would be the same even if Nancy sold the condominium for a lower price of 2 million, since Nancy did not have Candy's permission to sell the property. 3. If the contract was rescissible, Candy could no longer pursue rescission if a court had already authorized the contract. Nancy would need to compensate Candy if rescission occurred.

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    Sedano Aizik Dohnavan C 11 Quiz 1 Arg

    Uploaded by

    Jhennifer Almero
    165 views2 pages
    1. The contract between Nancy (Candy's guardian) and Dante for the sale of Candy's condominium unit is not valid. As a guardian, Nancy is prohibited from purchasing Candy's property. However, the sale is voidable rather than void. 2. The answer would be the same even if Nancy sold the condominium for a lower price of 2 million, since Nancy did not have Candy's permission to sell the property. 3. If the contract was rescissible, Candy could no longer pursue rescission if a court had already authorized the contract. Nancy would need to compensate Candy if rescission occurred.

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    Sedano Aizik Dohnavan c 11 Quiz 1 Arg

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    1. The contract between Nancy (Candy's guardian) and Dante for the sale of Candy's condominium unit is not valid. As a guardian, Nancy is prohibited from purchasing Candy's property. However, the sale is voidable rather than void. 2. The answer would be the same even if Nancy sold the condominium for a lower price of 2 million, since Nancy did not have Candy's permission to sell the property. 3. If the contract was rescissible, Candy could no longer pursue rescission if a court had already authorized the contract. Nancy would need to compensate Candy if rescission occurred.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    165 views2 pages

    Sedano Aizik Dohnavan C 11 Quiz 1 Arg

    Uploaded by

    Jhennifer Almero
    1. The contract between Nancy (Candy's guardian) and Dante for the sale of Candy's condominium unit is not valid. As a guardian, Nancy is prohibited from purchasing Candy's property. However, the sale is voidable rather than void. 2. The answer would be the same even if Nancy sold the condominium for a lower price of 2 million, since Nancy did not have Candy's permission to sell the property. 3. If the contract was rescissible, Candy could no longer pursue rescission if a court had already authorized the contract. Nancy would need to compensate Candy if rescission occurred.

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    © All Rights Reserved
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    11 QUIZ 1 ARG

    SEDANO AIZIK DOHNAVAN C. MARCH 14 2023 (SUNDAY)


    BSBA-OM I403 MS. MERCEDES PABULAYAN

    1. Nancy, the guardian of Candy when she was 15 years old, sold Candy's P4
    million worth of one-bedroom condominium unit for P3, 500,000 to Dante. 1. Is
    the contract valid? Why?

    Based on Article 1491. The following people are prohibited from purchasing by
    purchase, whether in person or via third-party mediation, even in a public or judicial
    auction: The guardian and any assets belonging to the individual or people who may
    be under his care As a result, the guardian is not permitted to buy the ward's
    property that is up for sale and is under his care. The basis for this ban is because
    due to the fiduciary connection involved, the transactions are prohibited by public
    policy. However, the sales made in defiance of the ban are not null and void. They
    can only be voidable or annulled.

    2. Would your answer be the same if Nancy sold the condominium unit for 2
    million?

    No, Since Candy still owns the condominium and she is still not authorized to sell it.
    Nancy may only sell the property with Candy's permission.

    3. Suppose the contract is rescissible and rescission can take place, how does it
    affect the parties?

    If the court has accepted the contract entered into on the ward's or absentee's
    behalf, revocation is not permitted because the law presumes that the court is acting
    in the ward's or absentee best interests when it authorizes the contract
    notwithstanding the lesion. Therefore, notwithstanding the injury she would suffer,
    Candy cannot any longer pursue a rescission case if she wants to sell her property.
    However, revocation of the sale may be allowed if the third party behaved in bad
    faith. Should Nancy be able to return the item to Candy, who was hurt as a result of
    the transaction being retracted, she must compensate Candy.

    4. If you were Candy and you learned of the sale that your guardian entered into,
    what would you do?

    If I were Candy and knew about the purchase agreement my guardian agreed to, I
    would carefully read the whole agreement to ensure that I won't be harmed by more
    than one-fourth of the item's worth. I shall bring a revocation action if my guardian
    commits an act of bad faith, and if I am unable to do so, my guardian is required to
    do so.

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