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RESCISSIBLE VOIDABLE UNENFORCEABLE VOID & INEXISTENT

Key words/ Lesion or damage Vitiation of consent or in Cannot be enforced by a Lack absolutely either in
definition the legal capacity proper action in court, fact or in law one or some
unless ratified or all of those elements
essential for validity
Features/ 1. Injury or damage to 1. Susceptible of 1. Entered in excess or void – all requisites are
characteristics either one of the convalidation either by without any authority, present, but the cause,
contracting parties or to ratification, prescription non-compliance with object or purpose is
third persons or loss of the thing Statute of Frauds, or contrary to law, morals,
2. Susceptible of through the fault of the both contracting parties good customs, public order
convalidation by innocent party are legally incapacitated or public policy, or
prescription (not by 2. Cannot be attacked or 2. Cannot be enforced by a prohibited by law, or
ratification) assailed by third persons proper action declared by law to be void
3. Can only be attacked 3. Susceptible of
directly convalidation by inexistent – lack absolutely
4. Can be attacked either ratification one or some or all of those
by a contracting party 4. Cannot be attacked or requisites essential for
who suffers injury or by assailed by third validity
a third person who is persons
defrauded
Effect VALID before rescission BINDING until annulled UNENFORCEABLE, unless Cannot be ratified
they are ratified

Contracts 1. Entered into by 1. One of the parties is 1. Entered in the name of 1. Cause, object or purpose
covered guardians (wards suffer incapable of giving another person by one is contrary to law,
lesion by more than 1/4 consent without authority or morals, good customs,
of the value of the 2. Consent is vitiated by legal representation, or public order or public
object) mistake, violence, who has acted beyond policy (v)
2. Agreed upon in intimidation, undue his powers 2. Absolutely simulated or
representation of influence, or fraud 2. Non-compliance with fictitious (i)
absentees (lesion by the SoF (executory 3. Cause or object did not
more than 1/4 of the contracts only) exist at the time of the
value of the object) a. agreement not to be transaction (i)
3. Undertaken in fraud of performed within a 4. Object is outside the
creditors year commerce of men (v)
4. Things under litigation b. special promise to 5. Impossible service (v)
5. Other contracts answer for the debt, 6. Intention of the parties
specially declared by default, or relative to the principal
law miscarriage of object of the contract
another cannot be ascertained (i)
c. agreement for the 7. Expressly prohibited or
sale of goods, declared void by law (v)
chattels or things in 8. Direct results of previous
action not less than illegal contracts*
P500 9. No concurrence between
d. agreement of lease offer and acceptance*
for a period longer 10. Do not comply with the
than 1 year, or for required form where
the sale of RP or of such form is essential for
an interest therein validity*
e. representation as to
the credit of a third
person
f. express trust over
immovable*
g. agreement on
payment of interest*
3. Both parties are
incapacitated to give
consent
Judicial Action for rescission Action for annulment 1. Ratification Contract is fully executory
remedy within 4 years (merely within 4 years from cease 2. Public document for – no action
subsidiary – no other legal or discovery of defect registration with RD; or
means to obtain 3. Express or implied Contract executed – action
reparation for damage) ratification by parent or for declaration of nullity
guardian (imprescriptible)
Who may 1. Person prejudiced 1. Interested in the - -
institute 2. Representatives contract (obliged)
3. Heirs 2. Victim
4. Creditors

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