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CONTRACTS
Article 1390
March 25, 2016Leave a comment
The following contracts are voidable or annullable, even though there may have
been no damage to the contracting parties:
(1) Those where one of the parties is incapable of giving consent to a contract;
(2) Those where the consent is vitiated by mistake, violence, intimidation, undue
influence or fraud.
These contracts are binding, unless they are annulled by a proper authority
action in court. They are susceptible of ratification. (n)
Discussion:
Voidable contracts are governed by Arts. 1390 to 1402. Consent is one of the three
essential elements of contracts. If the consent of one of the parties is defective or
vitiated, the contract is voidable. Defect or vitiation of consent is caused by either
internal or external factors.
1) minority (Art. 1327, par.) The age of emancipation, previously 21 under both the Civil
Code and the Family Code, has been reduced by RA 6089 to 18;
2) insanity, deaf-mutism coupled with illiteracy, intoxication, and hypnotic spell (Arts.
1327, par. 2 and 1328)
The mistake must be caused by facts of which the party demanding annulment did not
know. As held in Alcasid v. CA (237 SCRA 419 [1994]): insanity, deaf-mutism coupled
with illiteracy, intoxication, and hypnotic spell (Arts. 1327, par. 2 and 1328).
3. the identity or qualifications of one of the parties when such constituted the principal
cause of the contract; or
4. the legal effect of the agreement, if the error is mutual and results in the frustration of
the parties’ purpose.
Article 1391
March 25, 2016Leave a comment
The action for annulment shall be brought within four years.
In case of mistake or fraud, from the time of the discovery of the same.
And when the action refers to contracts entered into by minors or others
incapacitated persons, from the time the guardianship ceases. (1301a)
Ang hakbang para sa pagpapawalang bisa ay dapat gawin sa loob ng apat na taon.
At kapag ang hakbang ay patukoy sa kontratang pinasok ng mga menor de edad o mga
taong may kapansanan, mag simula sa oras na ang guardianship ay natapos.
Discussion:
This article only applies to the parties in the contract. It does not apply to a third
person when the law allows them to question the validity of a contract
Failure to pursue an action within the period prescribed by law will have the effect of
extinguishing the action.
Article 1392
March 25, 2016Leave a comment
Ratification extinguishes the action to annul a voidable contract.
Ang pagpapatibay ay mawawala ang aksyon upang mapawalang bisa ang isang
kontrata.
1. Confirmation, Ratification, Acknowledgment Distinguished
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