RECISSIBLE

VOIDABLE

1. lesion on partition
agreements (breach of C)

1. vitiated
consent

2. lesion on agreements
entered into by guardians for
their wards

2. one party is
incapacitated

UNENFORCEABLE
1. both parties have no capacity

VOID
INEXIST
ENT

2. entered into without authority

3. failure to comply with statute of frauds.

3. lesion on agreements
entered into by
representatives for
absentees
4. contracts entered into to
defraud creditors
5.contracts which refer to
things under litigation.

3. there is
violence
intimidation

(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;
(c) An agreement made in consideration of marriage, other than a mutual promise to marry;
(d) An agreement for the sale of goods, chattels or things in action, at a price not less than five hundred pesos,
unless the buyer accept and receive part of such goods and chattels, or the evidences, or some of them, of such
things in action or pay at the time some part of the 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 for 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.

4 YEARS
4. donation of a real property
5. donation of personal property above 5k.
6. When a sale of a piece of land or any interest therein is through an agent,
the authority of the latter shall be in writing; otherwise, the sale shall be void.
7. The amount of the principal and of the interest shall be specified in writing;
otherwise, the contract of antichresis shall be void.
8. A partnership may be constituted in any form, except where immovable
property or real rights are contributed thereto, in which case a public
instrument shall be necessary.
9. A contract of partnership is void, whenever immovable property is
contributed thereto, if an inventory of said property is not made, signed by the
parties, and attached to the public instrument.
10. No interest shall be due unless it has been expressly stipulated in writing
11. By a chattel mortgage, personal property is recorded in the Chattel
Mortgage Register as a security for the performance of an obligation. If the
movable, instead of being recorded, is delivered to the creditor or a third
person, the contract is a pledge and not a chattel mortgage.

12. SALE OF CONJUGAL PROPERTY WITHOUT CONSENT OF SPOUSE

13. DONATION BETWEEN SPOUSES MORE THAN 1/5
RECISSIBLE:
1. only a subsidiary remedy, if creditor has no other leag means to obtain the same
2. must also be able to return what may be demanded of him
3. includes fruits, price, interests, damages,
4. not available if the thing was acquired by person in good faith.
5. not available even if there is lesion is approved by court.
badges of fraud
1. the consideration is inadequate
2. a transfer by the debtor after a suit has begun against him
3. sale upon credit by an insolvent debtor
4. transfer of all properties by a debtor when he is insolvent or financially embarassed
5. transdfer between father and son attended by the above mentioned circumstances
6. it was known to the sbuyer that the seller had no other properties other than that sold to
him
7. failure of the buyer to take exclusive possession of all properties