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Arevalo, John Michael D.

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:

(1) Those which


are entered into by
guardians whenever
the wards
whom they
represent suffer
lesion by more than
one-fourth of
the value of the
things which are the
object thereof;
(2) Those agreed
upon in
representation of
absentees, if the
latter suffer the
lesion stated in the
preceding number;
(3) Those
undertaken in fraud

Article (1403).

The following contracts


The following
are unenforceable, unless contracts are
they are ratified:
inexistent and
void from the
(1) Those entered into in
beginning:
the name of another
person by one who has
(1) Those
been given no authority or whose cause,
legal representation, or
object or
who has acted beyond his purpose is
(1) Those where one powers;
contrary to
of the parties is
law, morals,
(2) Those that do not
incapable of giving
good customs,
comply
with
the
Statute
of
public order or
consent to a
Frauds as set forth in this public policy;
contract;
number. In the following
cases an agreement
(2) Those
(2) Those where the hereafter made shall be
which are
consent is vitiated by unenforceable by action,
absolutely
unless the same, or some simulated or
mistake, violence,
note or memorandum,
intimidation, undue
fictitious;
thereof, be in writing, and
influence or fraud.
subscribed by the party
(3) Those
charged, or by his agent; whose cause
These contracts are evidence, therefore, of
or object did
binding unless they

of creditors when the


latter cannot in
any other manner
collect the claims
due them;
(4) Those which
refer to things under
litigation if they have
been entered into by
the
defendant without
the knowledge and
approval of the
litigants or of
competent judicial
authority;
(5) All
other contracts
specially declared by
law to be subject to
rescission.(1291a)

are annulled by a
proper action in
court. They are
susceptible of
ratification.

the agreement cannot be


received without the
writing, or a secondary
evidence of its contents:
(a) An agreement that by
its terms is not to be
performed within a year
from the making thereof;
(b) A special promise to
answer for the debt,
default, or miscarriage of
another;

not exist at the


time of the
transaction;
(4) Those
whose object
is outside the
commerce of
men;
(5) Those
which
contemplate
an impossible
service;

(c) An agreement made in


consideration of marriage, (6) Those
other than a mutual
where the
promise to marry;
intention of the
parties relative
to the principal
(d) An agreement for the
sale of goods, chattels or object of the
things in action, at a price contract
not less than five hundred cannot be
ascertained;
pesos, unless the buyer
accept and receive part of
such goods and chattels, (7) Those
or the evidences, or some expressly
of them, of such things in prohibited or
action or pay at the time
declared void
some part of the
by law.
purchase money; but
when a sale is made by
auction and entry is made
by the auctioneer in his
sales book, at the time of
the sale, of the amount
and kind of property sold,
terms of sale, price,
names of the purchasers
and person on whose
account the sale is made,
it is a sufficient
memorandum;

(e) An agreement of the


leasing for a longer period
than one year, or for the
sale of real property or of
an interest therein;
(f) A representation as to
the credit of a third
person.
(3) Those where both
parties are incapable of
giving consent to a
contract.
Remedy

Rescission Is a remedy granted


by law to the
contracting parties
and sometimes even
to third persons in
order to secure
reparation of
damages caused
them by a valid
contract, by means
of the restoration of
things to their
condition in which
they were prior to
the celebration of
said contract.

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


capacity of both parties,
the lack of authority of the
party in entering into the
contract or with the form
of the contract.

The defect is
in the object of
the contract.
The object
maybe illegal,
immoral,
beyond the
commerce of
man or
inexistent.

Within 4 years from


the date of contract.

Period

Characteri
stics

Valid , Binding

Within 4 years from


No period/ prescription.
the date of capacity.
4 years from the
date force,
intimidation or undue
influence ceases
and;
4 years from the
date error or fraud
was discovered.

Valid, binding

Valid, Cannot be
enforced/ Not Binding

No Period or
prescription.

Cannot be
Ratified nor
validated /
Void at all

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