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MM31FC1
Definition
Grounds
Rescissible
Contracts
Valid contracts
because all the
essential requisites
of a contract exist
but by reason of
economic injury or
damage to one of
the parties or to the
third person, the
contract may be
rescind.
Article (1381).
Voidable
Unenforceable
Contracts
Contracts
Valid until annulled
Contracts that cannot be
unless there has
sued upon or enforced
been ratification. In a unless they are ratified.
voidable contract,
the defect is caused
by vice of consent.
Void
Contracts
Contracts that
is absolutely
null and void.
It has no effect
at all and
cannot be
ratified
Article (1390).
Article (1409).
The following
contracts are
rescissible:
The following
contracts are
voidable or
annullable, even
though there may
have been no
damage to the
contracting parties:
Article (1403).
are annulled by a
proper action in
court. They are
susceptible of
ratification.
Annulment
- is a remedy
provided by law, for
reason of public
interest, for the
declaration of
inefficacy of a
contract based on a
defect or vice in the
consent of one of
the contracting
parties to restore
them to their original
position in which
they were before the
contract was
executed.
Ratification
- When one
voluntarily adopts
some defective or
unauthorized act or
contract which,
without his
subsequent approval
Ratification
- When one voluntarily
adopts some defective or
unauthorized act or
contract which, without
his subsequent approval
or consent, would not be
binding on him.
- It cleanses the contract
from all its defects from
the moment it was
constituted. The contract
thus becomes valid.
Hence, the action to
annul is extinguished.
Declaration of
absolute nullity
of inexistence
or consent, would
not be binding on
him.
- It cleanses the
contract from all its
defects from the
moment it was
constituted. The
contract thus
becomes valid.
Hence, the action to
annul is
extinguished.
Nature of
Defects
Confirmation
is the act of
purging the voidable
contracts of the
defect through the
renunciation of the
action of nullity
made by the person
who can invoke the
vice or defect of said
contract.
The defect is about
The defect is in
the lesion or
consent. There is a
economic damage or vitiation of consent
pecuniary prejudice. or one of the parties
is incapable of giving
consent to the
contract.
The defect is
in the object of
the contract.
The object
maybe illegal,
immoral,
beyond the
commerce of
man or
inexistent.
Period
Characteri
stics
Valid , Binding
Valid, binding
Valid, Cannot be
enforced/ Not Binding
No Period or
prescription.
Cannot be
Ratified nor
validated /
Void at all