50243798 Defective Contracts Table

DEFINITION

RESCISSIBLE CONTRACTS Those Those validly validly agreed agreed upon because all essential elements exist

DEFECT/S

Damage or injury to one of the parties or to a third person

GROUNDS

(Art 1381) 1. LESION OR PREJUDICE a) Entere Entered d into into by guardians/representatives whenever the wards/absentees wards/absentees whom they represent suffer lesion by more than ¼ of  the value of the thing b) Partition of inheritance where an heir suffers lesion of at least ¼ of the share to which he is entitled. 2. FRAUD OR BAD FAITH a) Those undertaken in fraud of creditors when the latter latter cannot cannot in any other other manner manner collect collect the claims due to them. b) Those which refer to things things under under litigation litigation if  they have been been entered entered into by the defendant without the knowledge and approval of the litigants or the competent court. 3. SPECI SPECIAL AL CASES CASES governed governed by special special provisions (Arts. 1189, 1191, 1526, 1534, 1538, 1542, 1556, 1560, 1567, and 1659) Assailable by party or third person

ASSAILABILITY BY THIRD PERSONS EFFECT PRESCRIPTION RATIFICATION REMEDY REQUISITES

VALI VALID D until ntil resc resciinde nded 4 years (1389) Cann annot be Rati Ratifi fied ed RESCISSION 1.Contract is valid 2.Ther 2.There e is lesi lesion on// pecuniary prejudice

3.

No other remedy 4.Object not in

legal legal

VOIDABLE CONTRACTS Thos Those e whic which h poss ossess ess all essential requisites but one of the the part partie ies s is inca incapa pabl ble e of  giving consent Viti Vitia ation tion of  consent or one of  the parties is incapacitated

UNENFORCEABLE CONTRACTS Those that cannot be enforced in court or sued upon by reason of defects provided by law

VOID/INEXISTENT CONTRACTS Those Those which which because because certain certain facts, produce no effect at all

Without or in excess of authority authority,, or does not comply with the Statute Statute of  Frauds, Frauds, or both parties are incapacitated

Absolute lack either in fact or in law law of one, one, some some,, or all all essentia essentiall requisite requisites s of a contract; prohibited by law; N/V

Assai Assailab lable le party only

Assailabl Assailable e by party party only

Assailable by party or third person who is directly affected

Cannot be enforced by court action No prescription May be Rati Ratifi fied ed RATI RATIFI FICA CATI TION ON

Does not produce effects

by

VALID LID until ntil annulled 4 years (1391) May be Rati Ratifi fied ed ANNULMENT; RATIFICATION 1.Knowledge 1.Knowledge of  the reason why cont contra ract ct is voidable 2.Injured party must’ve

1.Those entered entered into in the name of another 2.Those that don’t don’t comply comply with the Statute of Fraud

No prescription (1410) Cann annot be Rati Ratifi fied ed Decla Declara rati tion on of Abso Absolu lute te Nulli Nullity ty or Inexistence 1.Contracts 1.Contracts whose whose COC, purpose contrary to law 2.Simulated/Fictitious 3.Contracts w/o COC 4. Contracts prohibited prohibited by law

REQUISITES

KINDS OF CONTRACT

possession of another 5.Period to file

(1381) 1.Those entered into by guardians whenever the wards suffer lesion by more than ¼ of the value of the thing 2.Representatives of  absentees 3.Those undertaken in fraud of creditors when the latter can’t collect the dues 4. Thing under litigation entered into w/o knowledge of it 5.Contracts specially declared by law to be subject to ratification

executed an act which implies his waiver (1390) 1. Those where one of the parties is incapable of  giving consent

2.Those where the consent is vitiated by Mistake, Violence, Intimidation, Undue Influence, Fraud

3.Those wherein both parties are incapable of  giving (1403[1][2][3]) 1.Those entered into in the name of another by one without, or acting in excess, of  authority 2.Those who do not comply with the Statute of Frauds 3.Those where both parties are incapable of  giving

(1409) 1.Contracts whose cause, object or purpose is contrary to law, etc 2.Simulated/Fictitious 3.Those w/o cause or object 4.Contracts whose object is outside the commerce of  men 5. Contracts which contemplate an impossible service 6.The intention of the parties relative the object can’t be ascertained 7.Contracts expressly prohibited/declared void by the law