Beruflich Dokumente
Kultur Dokumente
Once executed, there are only two alternatives left to the party Art. 1391. The action for annulment shall be brought within
who may invoke its voidable character four years.
1. To attack its validity This period shall begin: In cases of intimidation, violence
2. To convalidate it by either ratification or prescription or undue influence, from the time the defect of the consent
ceases.
CHARACTERISTICS OF VOIDABLE CONTRACTS
In case of mistake or fraud, from the time of the discovery
1. Their defect consists in the vitiation of consent of one of the same.
of the contracting parties
2. They are binding until they are annulled by a And when the action refers to contracts entered into by
competent court minors or other incapacitated persons, from the time the
3. They are susceptible of convalidation by ratification or guardianship ceases.
prescription
GENERAL RULE PRESCRIPTIVE PERIOD 4 years
** Their defect cannot be invoked by a third person
PERIOD SHALL BEGIN
VOIDABLE vs. RESCISSIBLE
1. Intimidation, violence, undue influence: The time the
the defect is intrinsic because the defect is external because defect of the consent ceases
it consists of a vice which it consists of damage or 2. Fraud or mistake: The time they discovered the fraud
vitiates consent prejudice either to one of the or mistake
contracting parties or to a 3. Contracts entered by minors/incapacitated persons:
third person The time the guardianship ceases
the contract is voidable even the contract is not rescissible
if there is no if there is no damage or
damage or prejudice prejudice
the annulability of the contract the rescissibility of the Art. 1392. Ratification extinguishes the action to annul a
is based on the law contract is based voidable contract.
on equity
Art. 1393. Ratification may be effected expressly or tacitly.
annulment is not only a rescission is a mere remedy
It is understood that there is a tacit ratification if, with
remedy but a sanction
Public interest, therefore, private interest predominates knowledge of the reason which renders the contract
predominates voidable and such reason having ceased, the person who
susceptible of ratification Not susceptible of ratification has a right to invoke it should execute an act which
Annulment may be invoked rescission may be invoked necessarily implies an intention to waive his right.
only by a contracting party either by a contracting party
or by a third person who is Art. 1394. Ratification may be effected by the guardian of
prejudiced the incapacitated person.
RULE IN CASE OF INCAPACITY ** The loss of the thing which constitutes the object of the
contract through the fault of the party against whom the action
1. the incapacitated person is not obliged to make any for annulment may be instituted shall not, therefore, extinguish
restitution except insofar as he has been benefited by the action for annulment.
the thing or price received by him
2. The benefi t spoken of in Art. 1399 which obliges the ** The only difference from an ordinary action for annulment is
incapacitated person to make restitution does not that, instead of being compelled to restore the thing, the
necessarily presuppose a material and permanent defendant can only be compelled to pay the value thereof at
augmentation of fortune; it is sufficient if there has the time of the loss.
been a prudent and beneficial use by the
incapacitated person of the thing which he has LOSS IS DUE TO FAULT OF PLAINTIFF
received.
3. Does not apply if the minor can still return what he ** the action for annulment shall be extinguished
has received
** There are, therefore, three modes whereby such action may
be extinguished