ELEMENTS

RESCISSIBLE CONTRACTS (1380)

DEFINITION
Those validly agreed upon because all
essential elements exist

VOIDABLE
CONTRACTS (1390)

UNENFORCEABLE
CONTRACTS (1403)

Those which possess

all essential requisites
but one of the parties
is incapable of giving
consent

Those that cannot be

enforced in court or sued
upon by reason of defects
provided by law

DEFECT
Damage or injury to one of the parties
or to a third person
EFFECT
REMEDY

VALID until rescinded

Vitiation of consent or
one of the parties is
incapacitated
VALID until annulled

Absolute lack either in fact or

in law of one, some, or all
essential requisites of a
contract; prohibited by law;
N/V

Cannot be enforced by court

action

Does not produce effects

KINDS
OF
CONTRACT

RESCISSION

Assailable by party or third person

(1381)
1. Those entered into by guardians
whenever the wards suffer lesion by
more than of the value of the thing
2. Representatives of absentees
3. Those undertaken in fraud of creditors
when the latter cant 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

Assailable by party
only

Those which because

certain facts, produce no
effect at all

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

ANNULMENT;
RATIFICATION
RATIFICATION
PRESCRIPTION
4 years (1389)
4 years (1391)
No prescription
RATIFICATION
Cannot be Ratified
May be Ratified
May be Ratified
REQUISITES
1. Contract is valid
1. Knowledge of the
1. Those entered into in the
2. There is lesion/ pecuniary prejudice
reason why contract
name of another
3. No other legal remedy
is voidable
2. Those that dont comply
4. Object not in legal possession of
2. Injured party mustve
with the Statute of Fraud
another
executed an act
3. Those wherein both
5. Period to file
which implies his
parties are incapable of
waiver
giving
ASSAILABILITY
BY THIRD
PERSONS

VOID/INEXISTENT
CONTRACTS (1409)

Assailable by party only

(1390)
(1403[1][2][3])
1. Those where one of 1. Those entered into in the
the parties is incapable
name of another by one
of giving consent
without, or acting in
excess, of authority
2.Those where the
2. Those who do not comply
consent is vitiated by
with the Statute of Frauds
Mistake, Violence,
3. Those where both parties
Intimidation, Undue
are incapable of giving
Influence, Fraud

Declaration of Absolute
Nullity or Inexistence
No prescription (1410)
Cannot be Ratified
1. Contracts whose COC,
purpose contrary to law
2. Simulated/Fictitious
3. Contracts w/o COC
4. Contracts prohibited by law

Assailable by party or third

person who is directly
affected
(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 cant
be ascertained
7. Contracts expressly
prohibited/declared void
by the law