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BP 178 Section 53

Validity of contracts.

Section 53

SEC. 53. Validity of contracts.—(a) Any condition, stipulation, provision binding any person to waive compliance with any provision of this Act or of any rule or regulation thereunder, or of any rule of an exchange required thereby, as well as the waiver itself, shall be void. (b) Every contract made in violation of any provision of this Act or of any rule or regulation thereunder, and every contract, including any contract for listing a security on an exchange heretofore or hereafter made, the performance of which involves the violation of, or the continuance of any relationship or practice in violation of, any provision of this Act, or any rule or regulation thereunder, shall be void: As regards the rights of any person who, in violation of any such provision, rule or regulation, shall have made or engaged in the performance any such contract, and As regards the rights of any person who, not being a party to such contract, shall have acquired any right thereunder with actual knowledge of the facts by reason of which, the making or performance of such contract was in violation of any such provision, rule or regulation. (c) Nothing in this Act shall be construed— To affect the validity of any loan or extension of credit made or of any lien created prior or subsequent to the effectivity of this Act, unless at the time of the making of such loan or extension of credit or the creating of such lien, the person making such loan or extension of credit or acquiring such lien shall have actual knowledge of the facts by reason of which the making of such loan or extension of credit or the acquisition of such lien is a violation of the provisions of this Act or any rules or regulations thereunder, or To afford a defense to the collection of any debt, obligation or the enforcement of any lien by any person who shall have acquired such debt, obligation or lien in good faith, for value and without actual knowledge of the violation of any provision of this Act or any rule or regulation thereunder affecting the legality of such debt, obligation or lien. (38a)

Read the full instrument → · Open the chapter this section belongs to: Chapter V. —General Provisions →

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).

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