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    Defective Contracts Table

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    Anne Choi
    This document summarizes different types of contracts based on their validity and enforceability. It discusses rescissible contracts, which are valid but can be rescinded due to defects like lesion or fraud. It covers voidable contracts, which are valid until annulled due to a party's incapacity. It also outlines unenforceable contracts, which cannot be enforced in court due to defects, and void/inexistent contracts, which produce no legal effect due to absolute lack of essential requirements or being prohibited.

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    Defective Contracts Table

    Uploaded by

    Anne Choi
    9K views2 pages
    This document summarizes different types of contracts based on their validity and enforceability. It discusses rescissible contracts, which are valid but can be rescinded due to defects like lesion or fraud. It covers voidable contracts, which are valid until annulled due to a party's incapacity. It also outlines unenforceable contracts, which cannot be enforced in court due to defects, and void/inexistent contracts, which produce no legal effect due to absolute lack of essential requirements or being prohibited.

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    50243798 Defective Contracts Table

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    This document summarizes different types of contracts based on their validity and enforceability. It discusses rescissible contracts, which are valid but can be rescinded due to defects like lesion or fraud. It covers voidable contracts, which are valid until annulled due to a party's incapacity. It also outlines unenforceable contracts, which cannot be enforced in court due to defects, and void/inexistent contracts, which produce no legal effect due to absolute lack of essential requirements or being prohibited.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    9K views2 pages

    Defective Contracts Table

    Uploaded by

    Anne Choi
    This document summarizes different types of contracts based on their validity and enforceability. It discusses rescissible contracts, which are valid but can be rescinded due to defects like lesion or fraud. It covers voidable contracts, which are valid until annulled due to a party's incapacity. It also outlines unenforceable contracts, which cannot be enforced in court due to defects, and void/inexistent contracts, which produce no legal effect due to absolute lack of essential requirements or being prohibited.

    Copyright:

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    Download as PDF, TXT or read online from Scribd
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    RESCISSIBLE VOIDABLE UNENFORCEABLE VOID/INEXISTENT

    CONTRACTS CONTRACTS CONTRACTS CONTRACTS


    DEFINITION Those validly agreed Those which Those that cannot Those which because certain
    upon because all essential possess all be enforced in court facts, produce no effect at all
    elements exist essential or sued upon by
    requisites but one reason of defects
    of the parties is provided by law
    incapable of
    giving consent
    DEFECT/S Damage or injury to one Vitiation of Without or in excess Absolute lack either in fact or
    of the parties or to a third consent or one of of authority, or in law of one, some, or all
    person the parties is does not comply essential requisites of a
    incapacitated with the Statute of contract; prohibited by law;
    Frauds, or both N/V
    parties are
    incapacitated
    GROUNDS (Art 1381)
    1. LESION OR PREJUDICE
    a) Entered into by
    guardians/representatives
    whenever the
    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 cannot in any
    other manner collect the
    claims due to them.
    b) 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 the competent
    court.
    3. SPECIAL CASES
    governed by special
    provisions (Arts. 1189,
    1191, 1526, 1534, 1538,
    1542, 1556, 1560, 1567,
    and 1659)
    ASSAILABILITY Assailable by party or Assailable by Assailable by party Assailable by party or third
    BY THIRD third person party only only person who is directly affected
    PERSONS
    EFFECT VALID until rescinded VALID until Cannot be enforced Does not produce effects
    annulled by court action
    PRESCRIPTION 4 years (1389) 4 years (1391) No prescription No prescription (1410)
    RATIFICATION Cannot be Ratified May be Ratified May be Ratified Cannot be Ratified
    REMEDY RESCISSION ANNULMENT; RATIFICATION Declaration of Absolute Nullity
    RATIFICATION or Inexistence
    REQUISITES 1. Contract is valid 1. Knowledge of 1. Those entered 1. Contracts whose COC,
    2. There is lesion/ the reason why into in the name purpose contrary to law
    pecuniary prejudice contract is of another 2. Simulated/Fictitious
    3. No other legal voidable 2. Those that don’t 3. Contracts w/o COC
    remedy 2. Injured party comply with the 4. Contracts prohibited by law
    4. Object not in legal must’ve Statute of Fraud
    REQUISITES possession of another executed an act 3. Those wherein
    5. Period to file which implies both parties are
    his waiver incapable of
    giving
    (1381) (1390) (1403[1][2][3]) (1409)
    KINDS 1. Those entered into by 1. Those where 1. Those entered 1. Contracts whose cause,
    guardians whenever the one of the parties into in the name object or purpose is contrary
    OF wards suffer lesion by is incapable of of another by one to law, etc
    more than ¼ of the giving consent without, or acting 2. Simulated/Fictitious
    CONTRACT value of the thing in excess, of 3. Those w/o cause or object
    2. Representatives of 2.Those where authority 4. Contracts whose object is
    absentees the consent is 2. Those who do not outside the commerce of
    3. Those undertaken in vitiated by comply with the men
    fraud of creditors when Mistake, Violence, Statute of Frauds 5. Contracts which
    the latter can’t collect Intimidation, 3. Those where contemplate an impossible
    the dues Undue Influence, both parties are service
    4. Thing under litigation Fraud incapable of 6. The intention of the parties
    entered into w/o giving relative the object can’t be
    knowledge of it ascertained
    5. Contracts specially 7. Contracts expressly
    declared by law to be prohibited/declared void by
    subject to ratification the law

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