2016 (Civil Law) Bar Exam Questions: Question 5

[Answer/discuss the question below, or see 2016 bar exam Civil Law Instructions; 2016 Labor Law Questions:   12345678910111213141516171819 and 20; See also 2016 Bar Exam: Information, Discussions, Tips, Questions and Results]

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Bernard and Dorothy lived together as common-law spouses although they are both capacitated to marry. After one year of cohabitation, Dorothy went abroad to work in Dubai as a hair stylist and regularly sent money to Bernard. With the money, Bernard bought a lot. For a good price, Bernard sold the lot. Dorothy came to know about the acquisition and sale of the lot and filed a suit to nullify the sale because she did not give her consent to the sale.

[a] Will Dorothy’s suit prosper? Decide with reasons. (2.5%)

[b] Suppose Dorothy was jobless and did not contribute money to the acquisition o f the lot and her efforts consisted mainly in the care and maintenance o f the family and household, is her consent to the sale a prerequisite to its validity? Explain. (2.5%)

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