VOIDABLE CONTRACTS

Art. 1391. The action for annulment shall be brought within four years.

This period shall begin:

In cases of intimidation, violence or undue influence from the time the

defect of the consent ceases.

In case of mistake or fraud, from the time of the discovery of the same.

And when the action refers to contracts entered into by minors or other
incapacitated persons, from the time the guardianship ceases. (1301a)

Explanation:

ARTICLE 1391:

- As it says, annulment should be done within only 4 years. This will take
legal actions incase there are violence involve in the relationship. 4 years
is enough to file this kind of case, incase it is needed. Minors can be
affected by it but in that long, it is enough to settle the arrangements.

Art. 1392. Ratification extinguishes the action to annul a voidable

contract. (1309a)

Explanation:

ARTICLE 1392:

- Ratification according to the dictionary is by signing a agreement.

Extinguished is to stop. Therefore those who have annulment issues with
in 4 years shall be acknowledged and confirms that their decision is final.
So that no one can be affected in the situation and for it to be a valid
documents.
Art. 1393. Ratification may be effected expressly or tacitly.

It is understood that there is a tacit ratification if, with knowledge of the

reason which renders the contract voidable and such reason having
ceased,the person who has a right to invoke it should execute an act
which necessarily implies an intention to waive his right. (1311a)

Explanation:

ARTICLE 1393:

- There are different kinds of ratification. It may be written or you can

conduct a survey. The one who will file the annulment should have good
and enough reasons in filing the case so it will be valid. Court may not
accept the case specially if it is not voidable. So complainants should do
either of the two. Written or conduct a survey.

Art. 1394. Ratification may be effected by the guardian of the

incapacitated person. (n)

Explanation:

ARTICLE 1394:

- There should be a legal guardian in the complainant side that still

incapacitated that can support the case. Ratification can be made the
injured party himself.

Art. 1395. Ratification does not require the conformity of the contracting
party who has no right to bring the action for annulment. (1312)

Explanation:

ARTICLE 1395:

- The complainant or the one who filed the case has only the right to take
actions. The other party will just have to wait for the papers so that they
can study until the day of judgment which they will defend themselves.

Submitted by: Judith P.

Castro
BSA 3-4