Olaivar, Jayvee D. 1BSA-A Pamantasan ng Cabuyao Chapter 7: Voidable Contracts (Article 1380-1402) Voidable contracts are lawful contracts in which one party is unable to assent or consent has been tainted by fraud, intimidation, violence, undue influence, or mistake. Unless properly canceled in court, voidable contracts are enforceable. Law provides an annulment as a remedy. It's a statement of contract ineffectiveness due to a flaw. When the threat of intimidation, violence or undue influence ends, the action for contract cancellation will begin. If a mistake or fraud is discovered, action must be taken as soon as possible. When it comes to children or other handicapped people, however, the annulment must occur when the guardianship ends. Ratification is defined as one who willingly accepts or approves any faulty or unlawful conduct or contract, which would not be binding on him without his permission or assent. It purges the contract of any flaws from the moment it is formed. Express ratification takes the form of a written document, whereas implicit or tacit ratification might take the form of silence or actions. This clause also lays forth the conditions for implied and express ratification. Reason must come to a halt, and the injured individual must have committed an act that obviates his right to sue. The requirements for express ratification are the same as for regular ratification, except that it is express. The incapable person's contract can be confirmed by their guardian or the injured party himself, supposing that he has been capacitated. The guilty party's consent is not required for ratification to take place. A contract can be retroactively ratified. It indicates that a contract's flaw cleanses it from the minute it was formed. (1) The plaintiff must have an interest in the contract, and (2) the victims must allege the same to initiate an action for annulment. A third party does not have the legal authority to contest the contract's legality. Furthermore, a guilty party cannot seek an annulment, and there is a rule that whoever enters must do so with clean hands. The parties shall restore the subject matter with its fruits, the price with lawful interest, and the damages based on the value of service when the contract is canceled. The disabled individual, on the other hand, was not required to restore what he had received unless he had profited from it. When a contract is terminated, reciprocal restitution is established. Note that if one of the parties cannot restore the item he is obligated to return it, even if the loss is due to an unforeseen occurrence, there is no annulment. Chapter 8: Voidable Contracts (Article 1403-1408) Unenforceable contracts are those that cannot be enforced or given effect in court of law or sued upon by reason of certain defects. There are kinds of contracts, those entered into the name of another by one without, or acting in excess, of authority, those that do not comply with the Stature of Frauds, those where both parties are incapable of giving. Statute of Fraud is enacted only to prevent fraud but also to guard against the mistake of honest men by requiring that certain agreements must be in writing. Unauthorized Contracts are those that entered into in the name of another person by one who has been given no authority of legal representation. Article 1406 says that there must be a valid agreement and the agreement must not infringe the Statue of Frauds. Article 1408 is where both parties to a contract are incapable of giving consent, the contract is unenforceable however, if the parent or guardian of either party or one of the parties after attaining, or regaining capacity, ratifies the contracts, it becomes voidable. Article 1408 says that unenforceable contracts cannot be assailed by third person.
Alyanna Cepe Pamantasan ng Cabuyao 1 BSA-A Here are my takeaways in this video: This video talks about voidable or annullable contracts wherein those are valid contracts but one of the parties are incapable of giving consent or consent is vitiated by the vices. The vices of consent are fraud, intimidation, violence, undue influence and mistake. I learned the word 'ratification' and its kinds. It is the agreement to adopt an act performed by another and it is either expressed or implied. There are diverse forms on implied ratification with its requisites. I also learned that ratification is unilateral and its effect is retroactive. If the contract is annulled, reciprocal obligation of restitution is created. It means that the parties must returned what they have received and an incapacitated person is not obliged to restore what he had received unless he benefited. If a party cannot restore what he is bound to return, there will be no annulment of contract even if there is a loss due to fortuitous event. This video also talks about unenforceable contracts wherein those cannot be enforced or given effect in court of law or sued upon by reason of certain defects unless they are ratified. There are kinds of unenforceable contracts and there is what we call 'Statute of Frauds'. It is enacted only to prevent fraud and to guard against the mistake of honest men so it is required that certain agreements must be in writing. I learned about the fundamental principles of Statute of Fraud, the agreement within the scope of Statue of Frauds, and the modes of ratification under Statute of Frauds. On the other hand, in an oral sale of real property, a party may compel that other to put the contract in a public document for registration, but it is not applicable to donation of realty in a private instrument. If both parties are incapable of giving consent, the contract is unenforceable but if ratification is made by both of them, it is valid. If ratification was made by the parent or guardian of both parties, the contract is voidable. Lastly, stranger cannot question the unenforceability of a contract because the benefit of Statute is only to those parties in an oral contract.
Ramos, Olivia Melissa P. 1 BSA - A Pamantasan ng Cabuyao Good day, Atty! The following is a description of my comprehension of the lesson as aided by the video you supplied. Voidable contracts are lawful contracts in which one party is unable to assent or consent has been tainted by fraud, intimidation, violence, undue influence, or mistake. Unless properly canceled in court, voidable contracts are enforceable. Law provides an annulment as a remedy. It's a statement of contract ineffectiveness due to a flaw. When the threat of intimidation, violence or undue influence ends, the action for contract cancellation will begin. If a mistake or fraud is discovered, action must be taken as soon as possible. When it comes to children or other handicapped people, however, the annulment must occur when the guardianship ends. Ratification is defined as one who willingly accepts or approves any faulty or unlawful conduct or contract, which would not be binding on him without his permission or assent. It purges the contract of any flaws from the moment it is formed. Express ratification takes the form of a written document, whereas implicit or tacit ratification might take the form of silence or actions. This clause also lays forth the conditions for implied and express ratification. Reason must come to a halt, and the injured individual must have committed an act that obviates his right to sue. The requirements for express ratification are the same as for regular ratification, except that it is express. The incapable person's contract can be confirmed by their guardian or the injured party himself, supposing that he has been capacitated. The guilty party's consent is not required for ratification to take place. A contract can be retroactively ratified. It indicates that a contract's flaw cleanses it from the minute it was formed. (1) The plaintiff must have an interest in the contract, and (2) the victims must allege the same to initiate an action for annulment. A third party does not have the legal authority to contest the contract's legality. Furthermore, a guilty party cannot seek an annulment, and there is a rule that whoever enters must do so with clean hands. The parties shall restore the subject matter with its fruits, the price with lawful interest, and the damages based on the value of service when the contract is canceled. The disabled individual, on the other hand, was not required to restore what he had received unless he had profited from it. When a contract is terminated, reciprocal restitution is established. Note that if one of the parties cannot restore the item he is obligated to return it, even if the loss is due to an unforeseen occurrence, there is no annulment. The fraud statute was intended to prevent fraud and honest folks from making mistakes. It stipulates that the agreement is in writing. Under the Fraud Statute, there are two ways to ratify an agreement. These include (1) failing to oppose the presentation of oral evidence to prove the contract and (2) accepting contract advantages. A legal agreement must exist, and it must not violate the statute of fraud. When both parties to a contract are unable to provide their assent, the deal is void. The contract's unenforceability cannot be questioned by a third party or stranger. Thank you for the video presentation, Atty
Yaldua, Justine Mae B. 1BSA-A Other than rescissible contracts, there are voidable contracts, unenforceable contracts, and void or inexistent contracts that are also considered as defective contracts. Voidable contracts are valid until annulled unless they are ratified. Ratification is done expressly or tacitly, when one voluntarily approve some defective or unauthorized act or contract and cleanse from all its defects therefore it becomes valid. It has retroactive effect. Ratification can only be done by guardian if incapacitated, injured party himself if capacitated, and the party whose consent is vitiated. Consent of guilty party is not required in ratification. There are also requisites for ratification. A contract can be annulled (annulment is the remedy provided by law for declaration of inefficacy of contract) if the incapacitated person give consent, or if there is a violation of contract wherein there is mistake, violence, intimidation, undue influence, or fraud is being done. Action for annulment shall be brought within four (4) years. It shall begin from time defect of consent ceases (when there is intimidation, violence or undue influence), or from the discovery of mistake or fraud, or from time the guardianship ceases (if the contract is entered by incapacitated person). The plaintiff that have interest in contract and the victim are the persons entitled to annul a voidable contract. Mutual restitution is the effect of annulment except incapacitated persons wherein if he is not benefited, he is not obliged to restore what he received but the other party is still obliged. If the thing to be returned is lost through his fault, indemnity for damages with fruits and interest is required. If it is lost without his fault, no obligation to return, but still compelled to receive what he has given to other party. A party cannot annul a voidable contract if he cannot restore what he is bound to return even loss of thing is due to fortuitous event. In chapter 8, unenforceable contracts are also valid but cannot be enforced unless they are ratified. It is unenforceable if a contract entered into name of another without his authority, or if it do not comply with statute of frauds, or if both parties are incapable of giving. There are cases wherein unenforceable contracts can become a voidable contract or can become a valid contract. Thank you for this video lecture atty. and Godbless!
Goodmorning Atty. I am Jhennie Pontiga from 3C2 BSCRIMINOLOGY, here to comment those key poinst that I clearly understand on what you have been dicussed. Effects of the waiver of the right to appear by the accuse When the accused waived his right to appear during trial. It is also equivalent to a waiver to present evidence. The prosecution can present evidence despite the absence of the accused as long as there has been arraignment. (The case will continue even if the accused is not present or known as trial in absentia.) Accused's refusal to testify General Rule The silence of the accused should not be used against him Exception When the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence and if the defense of the accused is alibi and does not testify, the interference is that the alibi is not believable. Scope of the right against self-incrimination General Rule The right covers only testimonial compulsion and not the compulsion to produce real and physical evidence using the body of the accused. Self-incrimination the accused may not be compelled to testify against himself. The right against self-incrimination includes only testimonial evidence. Purpose of the right against self-incrimination -The State will not use its coercive powers from extracting from the suspect testimony that may convict him. Waiver of right of the accused against self-incrimination If the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before this answer then such right can be waived. Confrontation The accused has the right to confront witnesses face to face. The accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf. Rule regarding the testimony of a witness who dies or becomes unavailable If the other party had the opportunity to cross-examine the witness before he died or became unavailable, the testimony may be used as evidence If there is no opportunity to conduct cross-examination before the death or unavailability of the witness then the testimony will have no probative value. Right to compulsory process This are the accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence. . Note; If a witness refuses to testify when he is required, the court should order the witness to give bail or order his arrest. Facts to be considered to determine whether the right to speedy trial has been violated Length of the delay Reason for the delay The accused assertion or non-assertion of the right Prejudice to the accused resulting from the delay Denial of right to speedy trial a ground for dismissal The case against the detained accused may be dismissed on ground of denial of the right to speedy trial in the event of failure to observe the time limits. Trial by Publicity The right of the accused to a fair trial is not incompatible with free press. Rights of the person under custodial investigation Custodial Investigation It is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner. Note; Invitation to a person who is in connection with an offense he is suspected to have committed, without prejudice to die liability of the inviting officer for any violation of law. *Rights of the persons under custodial investigation Reason for the arrest and he must be shown the warrant of arrest; He must be warned that he has a right to remained silent and that any statement he makes may be used as evidence against him; He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice; He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him; That whether or not the person arrested he must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made; The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer; He must be informed that he has the right to waive of any said rights; If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel. He must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned. Importance of the right to counsel in custodial investigation Is so vital that under existing law, in the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can only be detained by the investigating officer in accordance with the provision of Art. 25 of the RPC. That's all thankyouu
Danica Leene Gabarda 1BSA-A Pamantasan ng Cabuyao Good day Atty. Reyes! These are my takeaways in your discussion. Chapter 7: Voidable contracts Article 1390 states the contracts that are voidable or annullable even though there may have been no damage to the contracting parties which is (1) Those where one of the parties is incapable of givinh consent to a contract and (2) Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud. Article 1391 states that action for annulment shall be brought within 4 years. This period shall begin: 1. Intimidation, violence or undue influence- the time the defect of the consent cease 2.Mistake or fraud - time of the discovery of the same 3.contracts entered into by minors or incapacitated persons- time the guardian ceases Article 1392 states that ratification extinguishes the action to annul a voidable contract Article 1393 discusses the 2 kinds of ratification which is the (1)express and (2)implied. Three diverse forms in implied ratification :(1) by silence or acquiesces, (2) by acts showing adaptation or approval of the contract and (3) by acceptance and retention of benefits flowing therefrom. Article 1394 states that ratification may be effected by the guardian of the incapacitated person. Article 1395 states that ratification does not require the conformitt of the contracting parties who has no right to bring action for annulment because ratification is unilateral. Article 1396 states that ratification cleanses the contract from all its defects from the moment it was constituted. Retroactive is the effect of ratification. Article 1397 states the requisites to bring an action for annulment which is (1) plaintiff must have an interest in the contract and (2) victim must assert the same. A third person or a stranger has no legal capacity to challenge the validity of a contract. Article 1398 states the general rule that if the contract is annulled, the parties must restore to each other. Article 1399 states the exception to the general rule that an incapacitated petson is not obliged to restore what he had received unless he benefited. Article 1400 states that if the person obliged by the decree of annulment to return the thing cannot do so because it has been lost through his fault, he shall return the fruits received and the value of the thing at the time of the loss, with the interest of the same date. Article 1401 states that the action for annulment shall be extinguished if the thing is lost thtough fraud or fault of the person who has the right to institute the proceedings. Article 1402 states that there will be no annulment if a party cannot restore what he is bound to return, even if loss is due to fortuitous event. Chapter 8: Unenforceable contracts Article 1403-1404 discusses the definition of unenforceable contracts, kinds of unenforceable contracts, meaning of statute of frauds, fundamental principles of statute of frauds, agreements within the scope of the statute of frauds. Article 1405 discusses the modes of ratification under the statute of frauds. Article 1406 talks about the sale of real property which must be in a public document for registration purposes. Article 1407 states that the contract is enforceable if both oarties are incapable of giving consent. Article 1408 states tgat unenforceable contracts cannot be assailed by third persons.
Arlantico, Mary Rose C. 1 BSA-A Pamantasan ng Cabuyao Good day Atty. Thank you for the video lecture. These are my takeaways from the video lecture Article 1390, talks about the voidable or annullable contracts which refers to a valid contract but one of the contracting parties is incapable of giving consent or consent which can be in the form of fraud, intimidation, violence, undue influence, or mistake. On the other hand, annulment refers to a remedy which provided by law for the declaration of the inefficacy of a contract based on a defect. Article 1391, refers to the different vices or defect of a consent. Vices which are includes intimidation, violence, undue influence, mistake or when the party to a contract is a minor or other incapacitated persons. The beginning period for the intimidation, violence, and undue influence will commence when the defect ceases. If there is mistake and fraud, the running of the prescriptive period is from the time of discovery. If the vices are on the part of the minor and other incapacitated persons, the commencement of the beginning period will be on the time that the guardianship ceases to exist. Article 1392, defines ratification, there will be a ratification if there is one person voluntarily adopts or approves some defective contract, without his approval or consent, would not be binding on him. Ratification cleanses the contract from all its defects from the moment it was constituted. Article 1393, refers to the two kinds of ratification. It can either be express or implied. Express ratification is when it is manifested in writing or in words, on the other hand, implied ratification may take in diverse forms. There are three requisites of an implied ratification, (1) there must be knowledge of the reason which renders the contract voidable, (2) reason must have ceased, and (3) injured party must have executed an act which implies waiver. The requisites of implied ratification are the same to the requisites of express ratification except that if it is effected expressly. Article 1394, refers to the person who may ratify a contract which entered by an incapacitated person. Guardian or injured party himself provided if he is already capacitated. Article 1395, talks about the ratification of the consent of the guilty party is not required. Because ratification is unilateral. Article 1396, refers to the effect of ratification which is the retroactive effect that makes a contract valid from its inception subject to the prior rights of third persons. Article 1397, gives the requisites to bring an action for annulment, (1) plaintiff must have an interest in the contract and (2) victim must assert the same. Under this article also states that a third person has no legal capacity to challenge the validity of a contract along with a guilty party who cannot ask for annulment. Article 1398, states the general rule, which refers to a contract being annulled then the parties must restore to each other. In real obligation, parties must restore the subject matter with fruits along with the price of interest. On the other hand, in a personal obligation, the basis for damages is the value of the service. Article 1399, refers to the exception to the general rule in art.1398. If an incapacitated person is not obliged to restore what he had received unless he benefited. Article 1400, refers to the effect of the things lost with and without the fault of the debtor. Obligation is extinguished when the thing is lost without the fault of the debtor. On the other hand, if the thing is lost due to the fault of the debtor, he will pay an indemnity for damages plus its fruits and interest. Article 1401, refers to the extinguishment of action for annulment. If a person is in fault or fraud to the loss of the thing, then there will be an extinguishment of action for annulment. And, if the right of action is used based upon the incapacity of one of the contracting parties. Article 1402, states that once the contract is annulled, the reciprocal obligation of restitution will be created. And there will be no annulment if one of the parties cannot restore the things what he is bound to return, even if the thing is loss due to the fortuitous event. CHAPTER 8: UNENFORCEABLE CONTRACTS Article 1403-1404, defines unenforceable contracts as a contract which cannot be enforce or given an effect in a court of law because of the reason of certain defects provided by law until and unless they are ratified. There are three kinds of unenforceable contracts, (1) those contracts who entered into the name of another person without authority or if the contract is unauthorized, (2) those who do not comply with the Statute of Fraud, and (3) those contracts in where both of the parties are not capable of giving. Under article 1403-1404 also defines the Statute of Frauds which is enacted only to prevent fraud but also to guard against the mistake of honest men by requiring that certain agreements must be in writing. It also states the different fundamental principles of Statute of Fraud. (1) it is not applicable in action which are neither for damages because of a violation of a contract, (2) applicable only to completely executory contract where no performance has yet been made by both parties, (3) not applicable where the contract is admitted expressly or impliedly by the failure to deny specifically its existence, (4) not applicable where a writing does express the true agreement of the parties, (5) does not declare that the contract is void but merely unenforceable, (6) defense of the Statute of Fraud may be waived and (7) defense of the Statute of Fraud is personal to the parties and cannot be inter. Under this article also refers to the different agreements within the scope of the Statute of Frauds, (1) agreement not to be performed within one year the making thereof, (2) promise to answer for the debt, default, or miscarriage of another, (3) agreement in consideration of marriage other than mutual promise to marry, (4) agreement for sale of goods at price not less than P500.00, (5) agreement for leasing for a longer period than one year, (6) agreement for the sale of real property or of an interest therein, and (7) representation as to the credit of a third person. Article 1405, refers to the modes of ratification under the Statute of Frauds, it can be by the failure to object to the presentation of oral evidence to prove the contract or by the acceptance of benefits under the contract. Article 1406, states that when a sale was in the form of formal the party can now compel the other to put the contract in a public document for purpose of registration. However, if the donation of reality is in a private instrument, the right of one party to have the other execute a public document is not available because donation is invalid or void. Article 1407, refers to the contract which is unenforceable if both of the parties are incapable of giving consent, but if one of the parents or guardians who ratifies the contract then it becomes voidable. On the other if both of the parties made the ratification then the contract is valid. Article 1408, refers to the third person or stranger who cannot question the unenforceability of a contracts. Only the binding parties have the right to question the unenforceability of a contracts. Thank you for the video lecture, Atty. God Bless po.
Gento, Janella Ann M. 1BSA-B (PNC) Article 1390 is about Voidable or Annullable contracts and it is valid but one of the parties is incapable of giving consent or consent is being vitiated by fraud, intimidation, violence, undue influence, or mistake. Annulment is a remedy provided by law, for reason of public interest, for the declaration of inefficacy of a contract based on the defect in consent of one contracting parties. Article 1391 talks about the requisites needed for Annulment be filed, first is the time that intimidation, violence, or undue influence, second is the time mistake or fraud is discovered, and lastly is the time the guardianship pf minors or incapacitated persons ceases. Article 1392 is about ratification and it is that one voluntarily adopts approve some defective or authorized act or contract which, without his approval or consent. Article 1393 talks about the requisites for ratification. Article 1395 says that ratification is unilateral and consent or conformity of the guilty party to ratification is not required. Article 1396 is that ratification cleanses the contract from all its defects from the moment it was constituted. Article 1397 is about a third person/stranger has no legal capacity to challenge the validly of a contract and the Principle says that he who comes to court must come with clean hands that’s why guilty party cannot ask for annulment of contract. Article 1398 says that if the contract is annulled, the parties must restore each other the subject matter of the contracts with its fruits, the price with legal interest and value of service with damages. Article 1399 is an exception that an incapacitated person is not obliged to restore what he had received unless he benefited but the other contracting party is still bound to return what he had received. Article 1400 is whenever the person obliged to return the things and it has been lost through his fault, he shall pay for indemnity for damages plus its fruits and interest and when lost without his fault, the obligation is extinguished. Article 1402 says that when a contract is annulled, reciprocal obligation of restitution is created and there will be no annulment if a party cannot restore what he is bound to return. Article 1403 and Article 1404 talks about the Unenforceable contracts. Unenforceable contracts are those that cannot be enforced or given effect in court of law or sued upon by reason of certain defects. There are kinds of contracts, those entered into the name of another by one without, or acting in excess, of authority, those that do not comply with the Stature of Frauds, those where both parties are incapable of giving. Statute of Fraud is enacted only to prevent fraud but also to guard against the mistake of honest men by requiring that certain agreements must be in writing. Unauthorized Contracts are those that entered into in the name of another person by one who has been given no authority of legal representation. Article 1406 says that there must be a valid agreement and the agreement must not infringe the Statue of Frauds. Article 1408 is where both parties to a contract are incapable of giving consent, the contract is unenforceable however, if the parent or guardian of either party or one of the parties after attaining, or regaining capacity, ratifies the contracts, it becomes voidable. Article 1408 says that unenforceable contracts cannot be assailed by third person.
Jerwin Pagela | 1BSA-A (PNC) Good Day Attorney! Here are my key takeaways from this lesson. Chapter 7: Voidable Contracts Article 1390 - Voidable or annullable contracts are still valid contracts. However it is biteable or annullable when one of the parties is not giving consent or has done something like fraud, intimidation, violence,undue influence or mistake. Article 1391 - there are different bases or defect of consent namely intimidation,violence, undue influence, mistake, fraud, minors and other incapacitated persons. The beginning . For the first three vices or when the defect ceases. For mistake and fraud is from the time of discovery. And the last two vices is from the time the guardianship ceases. Article 1392 - this article defines ratification which means when one voluntarily adopts or approves some deffective or unauthorized act or contract without his approval or consent. Article 1393 - There are two kinds of ratification. First is express, this is the kind that can be manifested in oral or in written form. Implied on the other hand, is the one that may take in diverse forms. In here also discusses the requisites of implied ratification. Article 1394 - Diverse Forms in Implied Ratification: (1) By silence or acquiesces, (2) By acts showing adaptation or approval of the contract and (3) By acceptance and retention of benefits flowing therefrom. A guardian or an injured party himself,provided he is already capacitated, may ratify a contract. Article 1395 - When ratification is occurred,the guilty party or the person who's not experiencing incapacity is not required to give consent or the conformity for the ratification to be valid. It is because ratification is unilateral. Article 1396 - An effect of ratification is retroactive. It makes a voidable contract to a valid contract up to the start, from its inception subject to the prior rise of third persons. Article 1397 - to bring an action for annulment and here are the requisites needed: (1) plaintiff must have an interest in the contract and (2) the victim must assert the same. Article 1398 - The parties must restore to each other if the contract is annulled. Article 1399 - There is an exception for the article above. Unless benefited, an incapacitated person is not obliged to restore what he had received. Article 1400 - In this article the effects of when the loss of the thing happens is discussed. If it is without the fault of the debtor the obligation is extinguished. However, if it is with the fault of the debtor he shall pay indemnity for damages plus its fruits and interest. Article 1401 - When the thing is lost through the plaintiff fault or fraud or the right of action is based upon them capacity of one of the contracting parties, it will result to the extinguishment of action for annulment. Article 1402 - Reciprocal obligation of restitution is created when a contract is annulled.Also, there will be no annulment if a party cannot restore what he is bound to return even if it is lost due to fortuitous event. Chapter 8:Unenforceable Contracts Article 1403-1404 - Unenforceable contracts are contracts that cannot be enforced or given effect by reason of certain defects provided by law until and unless they are ratified. There are also 3 kinds of unenforceable contracts. Statute of fraud is enacted to avoid fraud and avoid mistakes of honest men. It is requiring the agreement to be in written form. Fundamental Principles of Statute of Fraud: 1. It is not applicable in actions which are neither for damages because of a violation of a contract. 2. Applicable only to completely executor oregon track where no performance as yet been made by both parties. 3. Not applicable where the contract is admitted expressly or impliedly by the failure to deny specifically its existence. 4. Not applicable where a writing does express the true agreement of the parties. 5. Does not declared that the contract is void but merely unenforceable. 6. Defense of the statute of fraud may be waived. 7. Defense of the statute of fraud is personal to the parties and cannot be interposed by strangers to the contract. Agreement within the scope of the statute of frauds: 1. Agreement not to be performed within one year the making thereof. 2. Promise to answer for the debt, default, or miscarriage of another. 3. Agreement in consideration of marriage other than that will promise to marry. 4. Agreement for sale of goods at priced at less than 500 pesos. 5. Agreement for leasing for a longer period than 1 year. 6. Agreement for the sale of real property or of an interest therein. 7. Representation as to the credit of a third person. Article 1405 - There are two modes of ratification under the Statue of Fraud. These are (1) by failure to object to the presentation of oral evidence to prove the contract and (2) by acceptance of benefits under the contract Article 1406 - In an oral sale of real property,a party can compel to out the contract in a public document for the purpose of registration.But,in a donation of real property when it is a private instrument, one party cannot compel the other to execute a public document because the donation is void. Article 1407 - The contract is unenforceable when both parties are incapable of giving consent.If the parent or guardian of either party ratifies the contract,it becomes voidable.The contract will be valid when both parties consider ratification. Article 1408 - A third person cannot question the unenforceability of the contract.
Abion, Francine Joyce P. 1BSA-B Pamantasan ng Cabuyao Good day, Atty. Here are my takeaways from the video discussion. For Chapter 7, Voidable Contracts, I learned that even if the contract is valid, it is voidable if it is bearing from vitiation of consent or through what we called FIVUM: fraud, intimidation, violence, undue influence, or mistake. For this, annulment is a remedy. It restores the contract's original position due to the inefficiency because of the vices of FIVUM. There is also ratification or when the contracting party approves the unauthorized contract without consent. In other words, ratification cleanses all the defects of the contract. A party can ratify through words or writing and implied. I've always noticed that minors can neither enter into nor ratify contracts, so they require a guardian. I've also taken note in Article 1397 that a concerned or third person cannot challenge the validity of a contract or annulment of a voidable contract because he is not the minor's legal guardian. Annulment creates a reciprocal obligation of restitution. In addition, the exception of mutual restitution is that an incapacitated person is not obliged to restore what he had received. Ratification causes a retroactive effect or making the contract valid or cured of its defect from the beginning. In Articles 1400-1401, the loss of the thing without the debtor's fault extinguishes the obligation. But when the loss is through his fault like fraud, he is liable for damages, and it cancels action for annulment. For Chapter 8, another defective contract is an Unenforceable Contract. Statute of fraud is a requisite of an unenforceable contract with objectives to prevent fraud and mistakes about the agreements. It is only applicable to a completely executory contract (in preparation for another contract). Statute of fraud may get waived once there is a failure of testimonial or oral evidence. The contract is also unenforceable when both of the contracting parties are incapable of giving consent. When one party is incapable of giving consent, it is voidable. But when both of them are incapable, the contract is unenforceable. Thank you again for this video lecture, Atty. Have a good day, Sir.
Marjes, Kimberly Yrah R. 1BSA-B Another defective contracts is the voidable or annullable contracts which are a valid contract until annulled. The consent of one of the parties in this kind of contract are suffering from vitiation of consent whereby annulment is the remedy given by law to declare th inefficacy of their contract. Just like the rescissible contract, voidable contracts consist of 4 years prescriptive period which commence to run depending on the beginning period due to different vices. The parties involved in voidable contracts are given the right to imply or expressly ratify which will cleanse and approved the defect or unauthorized act once waived. Moreover, under 1394, the guardian and the injured party himself are allowed by law to ratify a voidable contract. If the voidable contract is ratified, the defect in the contract is cured from the moment the beginning. However, only the aggrieved party are allowed to ask for annulment as well as, a third person are not given a legal capacity to challenge the validity of contract. Once the contract is annulled, parties must restore to each other which gives an exception to an incapacitated person who's not obliged to restore what he had received unless he benefited. Moreover, unenforceable contract is another kind of defective contracts. It is an contract which may not be enforced or cannot be given effect in law by reason of certain effects provided by law unless they are ratified. Unauthorized contracts, contracts that does not comply with statute of fraud and contracts that involved two parties incapable of giving consent are the type of defects that render a contract unenforceable. A statute of fraud are ratified by a failure to object to the prestation of oral evidence to prove the contract and by acceptance of the benefits under the contract. However, in the case of both parties are incapable of giving consent, if the guardian of either party ratifies the contract it becomes voidable, but when the guardian of both parties ratifies the contract in render the contract valid and enforceable. Now, third person cannot question the unenforceability of a contract since the benefit of statute can only be claimed by one who is a party to the oral contract. Thank you again Atty. for the video lecture.
Pedrigosa, Patricia Jhoana R. 1BSA-B Good day atty. These are my takeaways from this video lecture : Article 1390, voidable or annullable contracts refers to a valid contract but one of the parties is incapable of giving consent or consent is vitiated by fraud, intimidation, violence, undue influence, or mistake. Article 1391 says that the action for annulment shall be brought within four years. Article 1392 define stratification where one voluntarily adopt or approves some defective or unauthorized act or contract, without his approval or consent would not be binding on him. Article 1393 provides the kinds of classification which are the expressed and implied. When we say express, this is when the ratification is manifested in words or in writing while implies may take in diverse forms. Article 1394 says that when we say diverse forms in implied ratification, this is by silence or acquiesces, by acts of showing adoption or approval of the contract, and by acceptance and retention of benefits flowing there from. Article 1395, the consent or conformity of the quality party to ratification is not required because the ratification is unilateral. Article 1396 gives the effect of ratification. First is the retroactive, eat me contract valid from its inception subject to the prior rights of third persons. Article 1397 gives the requisites to bring an action for annulment. 1. Plaintiff must have an interest in the contract. 2. Victim must assert the same. Article 1398 has the general rule "If the contract is annulled, the parties must restore to each other". Article 1399 provides its exception: an incapacitated person is not obliged to restore what he had received unless he benefited. Article 1400 says that the obligation is extinguished if the loss of the thing is without the fault of the debtor. On the other hand, if the loss of the thing is with the fault of the debtor, he should pay indemnity for damages plus its fruits and interest. Article 1401 provides the extinguishment of action annulment. a. Thing is lost through the plantff's fault or fraud. b. Right of action as based upon the incapacity of one of the contracting parties. Article 1402 says that when a contract is annulled, reciprocal obligation of restitution is created. Article 1403-1404 gives the definition of enforceable contract. This cannot be enforced or given effect in a court of law or sued upon by reason of certain defects provided by law until and unless they are ratified. Article 1405 provides the modes of ratification under the statute of frauds: 1. By failure to object to the presentation of oral evidence to prove the contract. 2. By acceptance of benefits under the contract. Article 1406 says that a party to an oral sale of real property can now compel the other to put the contract in a public document for purpose of registration. Article 1407 says that when both parties are incapable of giving consent, the contract then is an enforceable. Article 1408 says that the stranger cannot question the on enforceability of the contract since the benefit of statute can only be claimed by one who is a party to the oral contract. ---------- Thank you atty. :)
Gonzales, Karl Wilson M. 1 BSA - A Pamantasan ng Cabuyao Good day, Attorney. Here are my key takeaways for this video: A voidable/annullable contracts are valid contracts but one of the parties is incapable of giving consent, or consent is vitiated by fraud, intimidation, violence, undue influence or mistake. Annulment is the remedy provided by law for the declaration of inefficacy of a contract based on a defect or vice of consent in order to restore the contract. There are 7 different vices provided by Article 1391: 1. Intimidation, 2. Violence, 3. Undue Influence, 4. Mistake, 5. Fraud, 6. Minors, 7. Other incapacitated persons. According to Article 1392, ratification is the one who voluntarily adopts or approves some defective act or contract, without his approval or consent, would not be binding on him and it cleanses the contract. Under Article 1393, there are two kinds of ratification: 1. Expressed, 2. Implied. Article 1394 states that ratification may be effected by the guardian of the incapacitated person. The consent or conformity of the guilty party to ratification is not required because ratification is unilateral. If a voidable contract is ratified, there can be a retroactive where it makes the contract valid from its inception subject to the prior rights of third persons. Under Article 1397, a third person or stranger has no legal capacity to challenge the validity of a contract. There is also a principle for this which says that, "He who comes to court must come with clean hands." And as a general rule: If the contract is annulled, the parties must restore to each other what they have received from the contract except when the other party is incapacitated wherein they are not obliged to restore what he had received unless he benefited. Under Article 1400, if the loss of the thing w/o the fault of the debtor, the obligation is extinguished; if with the fault of the debtor, should pay indemnity for damages plus its fruits and interest. There will also be no annulment if a party cannot restore what he is bound to return. An unenforceable contracts are contracts that cannot be enforced or given effect in court of law or sued upon by reason of certain debts provided by law until and unless they are ratified. There are also 3 kinds of unenforceable contracts: 1. Those entered into the name of another by one w/o authority; 2. Those that do not comply with statute frauds; 3. Those where both parties are incapable of giving. Statute of frauds is enacted only to prevent fraud but also to guard against the mistake of honest men. There are also agreements within the scope of statute frauds: 1. Agreement not to be performed within one year the making thereof; 2. Promise to answer for debt, default or miscarriage of another; 3. Agreement in consideration of marriage other than mutual promise to marry; 4. Agreement for sale of goods at price not less than P500.00; 5. Agreement for leasing for a longer period than one year; 6. Agreement for the sale of real property; 7. Representation as to the credit of a third person. The right also of one party to have the other execute a public document is not available in a donation of realty when it is in a private instrument because the donation is void. Article 1407 states that if both parties are incapable of giving consent, the contract then is unenforceable. But, if the parent/guardian of either party ratifies the contract, it becomes voidable. If ratification is made by both, then the contract is valid. Stranger also cannot question the unenforceability of the contract since the benefit of statute can only be claimed by one who is a party to the oral contract. Thank you!
Rodas, Mary Joy B. 1BSA-B Pamantasan ng Cabuyao Thank you, Atty. for this video lecture. Here's my takeaway. Chapter 7: VOIDABLE CONTRACTS Article 1390 Voidable or annullable contracts are those which possess all the essential requisites of valid contract but one of the parties is incapable of giving consent, or consent is vitiated by mistake, violence, intimidation, undue influence, or fraud. Annulment is a remedy provided by law, for reason of public interest, for thee declaration of the inefficacy of a contract based on a defect. Article 1391 The action for annulment shall be brought within four year. Intimidation, violence, undue influence, from the time the defect of the consent ceases. Mistake or fraud, from the time of the discovery of the same. Minors or incapacitated persons, from the time the guardianship ceases. Article 1392 Ratification means that one voluntarily adopts or approves some defective or unauthorized act. Ratification cleanses the contract from all its defects from the moment it was constituted. Article 1393 Kinds of ratification 1. Express- when the ratification is manifested in words or in writing 2. Implied or tacit- by silence or acquiescence, by acts showing adoption or approval of the contract and by acceptance and retention of benefits flowing therefrom. Requisites of ratification 1. Implied ratification a. there must be knowledge of the reason which renders the contract voidable b. such reason must have ceased c. the injured party must have executed an act which necessarily implies an intention to waive his right. 2. Express ratification- same with implied except the last effected expressly. Article 1394 Who may ratify? 1. A contract entered into by an incapacitated person may be ratified by a. guardian b. the injured party himself provided he is a already capacitated. 2. In case the contract is voidable on the ground of mistake. Ratification can be made by the party whose consent is vitiated. Article 1395 Ratification does not require the conformity of the contracting party who has no right to bring the action for annulment Article 1396 Ratification cleanses the contract from all its defects from the moment it was constituted. Article 1397 The action for the annulment of contracts may be instituted by all who thereby obliged principally or subsidiarily. Requisites 1. The plaintiff must have an interest in the contract. 2. The victim and not the party responsible for the defect is the person who must assert the same. One who is not a party to the contract has no legal capacity to challenge the validity of such contract. The guilty party cannot ask for annulment. Article 1398 1. (Real) If the contract is annulled, the parties, must to restore each other a. the subject matter of the contract with its fruits b. the price thereof with legal Interest. 2. Personal obligations, the value thereof with corresponding interest, is the basis for damage. Article 1399 The incapacitated person is not obliged to make any restitution except insofar as he has been benefited by the thing or price received by him. Article 1400 Whenever the person obliged by the decree of annulment to return the thing cannot do so because it has been lost through his fault, he shall return the fruits received and the value of the thing at the time of the loss, with interest from the same date. Article 1401 The action for annulment of contracts shall be extinguished when the thing which is the object thereof is lost through the fraud or fault of the person who has a right to institute the proceedings. Article 1402 As long as one of the contracting parties does not restore what in virtue of the decree of annulment, he is bound to return, the other cannot be compelled to comply with what is incumbent upon him. Chapter 8: UNFORCEABLE CONTRACTS Unforceable contracts- are those that cannot be enforced upon by reason certain defects provided by law until and unless they are ratified according to law. Kinds of unforceable contracts 1. those entered into in the name of another by one without, or acting in excess of, authority 2. those that do not comply with the Statute of Fraud 3. those where both parties are incapable of giving Unauthorized Contracts are those entered into in the name of another person by one who has been given two authority or legal representation or who has acted beyond his powers. Statute of Fraud has been enacted not only to prevent fraud but also to guard against the mistakes of honest men by requiring that certain agreements specified that are susceptible to fraud must be writing. Fundamental Principle a. Not applicable in actions which are neither for damages because of a violation of contract. b. It is applicable only to completely executory contracts and not to contracts which are totally executed or partly executory. c. It is not applicable where the contract is admitted expressly d. It is applicable only to the agreements enumerated therein e. It is not applicable where a writing does not express the true agreement of the parties. f. It does not declare the contracts infringing it are void but merely unforceable. g. The defense of the Statute of Frauds may be waived h. The defense of the Statute of Frauds is personal to the parties and cannot be interposed by strangers to the contract. Agreement within the scope of the Statute Fraud 1. Agreement not to be performed within one (1) year from the making thereof 2. Promise to answer for the debt, default, or miscarriage of another. 3. Agreement in consideration of marriage other than mutual promise to marry 4. Agreement for sale of goods, etc. at price not less than P500.00 5. Agreement for leasing for a longer period than one (1) year 6. Agreement for the sale of real property or of an interest therein 7. Representation as to the credit of a third person Article 1405 Contracts infringing the Statute of Frauds, referred to in No. 2, article 1403, are ratified by the failure to object to the presentation of oral evidence to prove the same, or by the acceptance of benefits under them. Article 1406 When a contract is enforceable under the Statute of Frauds, and a public document is necessary for its registration in the Registry of Deeds, the parties may avail themselves of the right under article 1357. Article 1407 In a contract where both parties are incapable of giving consent, express or implied ratification by the parent or guardian, as the case may be of one the contracting parties shall give the contract the same effect as if only one of them were incapacitated. If ratification is made by the parents or guardians, as the case may be, of both contracting parties, the contract shall be validated from the inception. Article 1408 Unforceable contracts can not be assailed by third persons.
Ranegel Anne R. Miranda PNC 1 BSA - B Hello Atty. here are my takeaways for this video lecture. I have learned about the Voidable contracts and unenforceable contracts. Under Article 1390 is the voidable or annullable contracts which refers to a valid contract but one of the contracting parties is incapable of giving consent, or consent is vitiated by FIVUM (fraud, intimidation, violence, undue influence, or mistake). Annulment is the remedy provided by law for declaration of the inefficacy of a contract based on a defect or vice of consent in order to restore them to their original position as when the contract was executed. In Article 1391, the beginning period of intimidation,violence, and undue influence is when the defect ceases. The beginning period of mistake and fraud is the time of discovery. The beginning period of vices (minors and other incapacitated persons) is the time the guardianship ceases. Under Article 1392 is the Ratification which refers to one voluntarily adopts of approves some defective or unauthorized act or contract, without his approval or consent, would not be binding on him. Under Article 1393 are the kinds of ratification: express and implied. Also under this article are the requisites of implied ratification. In Article 1394, diverse forms in implied ratification are by silence or acquiesces, by actd showing adaptation or approval of the contract, and by acceptance and retention of benefits flowing there from. In Article 1395, the consent or conformity of the guilty party to ratification is not required. The reason is that the ratification is unilateral. Under Article 1396 are the effect of ratification, it may be retroactive - it makes the contract valid from its inception subject to the prior rights of third persons. Under Article 1397 is the requisites to bring an action for a annulment: 1. Plaintiff must have an interest in the contract and 2. Victim must assert the same. In Article 1398, if the contract is annulled, the parties must restore to each other. The exception to the article 1398 is the Article 1399. An incapacitated person is not obliged to restore what he had received unless he benefitted. In Article 1400, the effect of the loss of the thing without the fault of the debtor is the the obligation is extinguished. The effect is to pay indemnity for damages plus its fruits and interest when the loss of the things is with the fault of the debtor. Under Article 1401 is the extinguishment of action for annulment: 1. Thing is lost through the plaintiff's fault or fraud and 2. The right of actions is based upon the incapacity of one of the contracting parties. In Article 1402, when a contract is annulled, reciprocal obligation of restitution is created. There is no annulment if a party cannot restore what he is bound to return, even loss in due to fortuitous event. In Article 1403 and Article 1404 the Unenforceable contracts is defined as contracts that cannot be enforced or given effect in a court of law or sued upon by reason ofcertaun defects provided by law until and unless they are ratified. Also under this articles are the kinds of Unenforceable contracts.balso under this articles are the statute of frauds. In Article 1405, modes of ratification under the statute of frauds: 1. By failure to object to the presentation of oral evidence to prove thr contract and 2. By acceptance of benefits under the contract. In Article 1406, a party to an oral sale of real property can now compel the other to put the contract in a public document for purpose of registration. In Article 1407, when both parties are incapable of giving consent, the contract is unenforceable or voidable. If the parent or guardian of either party, ratifies the contract then it becomes voidable. If the ratification is made by both parties then the contract is valid. Under Article 1408, a stranger cannot question the unenforceability of the contract since the benefit of statute can only be claimed by one who is a party to the oral contract. Thank you atty.
Sahurda, Mary Lady Lou C. 1BSA-A Pamantasan ng Cabuyao Chapter 7 - VOIDABLE CONTRACTS Article 1390 defined voidable contract as the person in the contract is incapable of giving consent and if there is a mistake, violence, intimidation, undue influence, or fraud. However, it is still valid until it was annulled by the court. Article 1391 states that the period for action for annulment which is four years as general rule. Except when the time of intimidation, violence, or undue influence ceases, the action in the annulment of the contract will act. However, if there is a mistake or fraud the action shall take place at the time of discovery. If it is about minors or another incapacitated person, the annulment shall take place at the time the guardianship has ceased. Article 1392 extinguishes the annulment of voidable contracts of ratification. If one voluntarily approved a contract even if it is defective or unauthorized, the contract will still be valid. Article 1393 enumerated two kinds of ratification, implied and expressed. The requisites for implied ratification are 1. Knowledge of the reason for the contract to be voidable 2. Reasons must have ceased 3. Injured party must have executed an act that implies waiver The requisites for expressed ratification are similar to implied, except that the expressed has been expressly stated. Article 1394 allows the guardian of an incapacitated person or the injured party himself, provided that he became capacitated, for ratification. Article 1395 speaks about unilateral act or the consent of the guilty party is not needed for ratification. Article 1396 provides the effect of ratification which is to retroact a contract or will defect the contract cleanses it from the moment it was constituted. Article 1397 requires the plaintiff to be interested in the contract and the victim asserts the same for the annulment to bring in action. Also, a third person has no legal capacity to the validity of the contract. Article 1398 states the general rule that when a contract in annulled, parties must restore the things or the object of the contract including the fruit and price of interest. However, the value of service is the basis in personal obligation. Article 1399 talks about the exception to the general rule that the incapacitated person will not be obliged to restore what he received, unless he benefited from it. Article 1400 extinguishes the obligation if the thing to return was lost without the fault of the debtor, but the debtor is obliged to return the fruits and the price of the thing lost with interest if he, himself is at fault. Article 1401 enumerated two possible instances in extinguishment of annulment. First, the right to annul the contract will not be given if he, himself, lost the thing. Second, the right of action was based upon the incapacity of one of the contracting parties. Article 1402 clarified that the annulment of the contract will create reciprocal restitution, but no annulment will happen if one party does not return what is bound to return. CHAPTER 8 - UNENFORCEABLE CONTRACTS Article 1403 and 1404 defined unenforceable contract to be a contract that cannot be validated if it is not enforced by the court. The kinds of unenforceable contracts are: 1. Contracts entered in the name of another by one without authority 2. Those who do not comply with the Statute Frauds 3. Both parties are incapable of giving consent A statute fraud is for the prevention fraud and a guard from making mistake by requiring that the agreement was in the form of writing. The fundamental principles are the following: 1. Not applicable in actions that are neither for damages because of a violation of a contract 2. Applicable only to completely executory contract with no performance made by both parties 3. Not applicable to contract failed to express or imply its existence 4. Not applicable where writing does not express the true agreement of the parties 5. Does not declare that the contract is void but merely unenforceable 6. Defense of Statute of Fraud may be waived 7. Defense of Statute of Fraud is personal to the parties and cannot be interposed by strangers to the contract Required Agreements within the scope of the Statute of Frauds: 1. Agreements not to be performed within one year from the making thereof. 2. Promise to answer for the debt, default, or miscarriage of another. 3. Agreement in consideration of marriage other than a mutual promise to marry. 4. Agreements for the sale of goods, etc. at price not less than P500.00. 5. Agreements for leasing for a longer period than one year. 6. Agreements for the sale of real property or an interest therein. 7. Representation as to the credit of a third person. Article 1405 talks about the failure to object to the presentation of oral evidence to prove the contract and the acceptance of benefits under the contract under the modes of ratification of the statute of fraud. Article 1406 states that sales done orally may still need to put in public document for registration, unless it is a donation. Article 1407 clarified that consent given by two incapable persons is not unenforceable, but it becomes voidable when the guardian ratifies it. And it will be valid if two parties ratified the contract. Article 1408 emphasizes that a third person cannot question unenforceable contract. Thank you for the video lecture, Atty. Reyes!
Pamplona, Maynalyn Y. Pamantasan ng Cabuyao 1BSA-A Good day, Atty.! These are the things I have learned from the video. Chapter 7: Voidable or Annullable Contracts Article 1390 defines the voidable or annullable contract which is it is a valid contract but one of the parties is incapable of giving consent, or consent is vitiated by fraud, intimidation, violence, undue influence, or mistake. It also defines annulment, a remedy provided by law for the declaration of the inefficacy of a contract based on a defect of the vice of consent in order to restore them in their original position. There is also a provided period for filing an action for annulment under article 1391. Intimidation, violence, and undue influence, the prescriptive will commence to run when the defect ceases. Mistakes and fraud are from the time of discovery. On the other hand, minors and other incapacitated persons will only commence to run when the time of guardianship ceases. Article 1392 discusses the ratification wherein previously there is no consent even by a party but if a party ratifies a contract then he voluntarily adapts or approves an unauthorized act of contract which binds the parties. There are kinds of ratification. First is express, when the ratification is manifested in words or writing. And, implies which may take in diverse form. Express ratification has the same requisites as implied except that it is effected expressly. The person who can ratify a contract entered by incapacitated persons is their guardian or the injured party himself provided he is already capacitated. However, the consent of conformity of the guilty party to ratification is not required under the reason that ratification is unilateral. Effect of ratification is known as retroactive meaning if the contract is ratified then the defect of a contract is cured from the beginning. In addition, if the contract is annulled, the parties must restore to each other. If the obligation is real then the mutual restitution is to return the subject matter with fruits or the price with legal interest. On the other hand, if the obligation is personal in nature then you can return the value of service as the basis for damages. However, there is an exception. An incapacitated person is not obliged to restore what he had received unless he benefitted from it. Meanwhile, the other contracting party is still bound to return what he had received regardless if he benefitted or not. In case that a thing is lost, if the loss of thing is without the fault of the debtor then the obligation is extinguished. On the contrary, if it is with the fault of the debtor then he is liable to pay indemnity for damages plus its fruits and interest. Chapter 8: Unenforceable Contracts Unenforceable contracts are known as contracts that cannot be enforced or given effect in a court of law or sued upon by reason of certain defects provided by law until and unless they are ratified. There are also different kinds of unenforceable contracts. (1) Those entered into the name of another by one unauthorized contract. (2) Those that do not comply with the Statute of Frauds. (3) Those where both parties are incapable of giving consent. It is also stated the fundamental principle of the Statute of Fraud and its agreement. Ratifications under the Statute of Fraud are (1) by failure to object to the presentation of oral evidence to prove the contract, and (2) by acceptance of benefits under the contract. It is also explained that a party to an oral sale of real property can now compel the other to put the contract in a public document for purpose of ratification. Under article 1407, where both parties are incapable of giving consent, the contract is then unenforceable. However, if only one party is incapable to give consent then it is considered a voidable contract. If ratification is made by both parties, the contract becomes valid. It is also said that a stranger or the person who does not involve in a contract cannot question the unenforceability of the said contract. Thank you!
Danica May J. Pajac 1BSA-A Pamantasan ng Cabuyao Good Day Attorney Here are some of my takeaways from your video lecture. Chapter 7 Voidable Contracts Article 1390 - In this article explains the definition of Voidable or Annullable contracts. Voidable is refer to valid contract but one of the parties is incapable of consent is vitiated by FIVUM. Article 1391 - Prescriptive period in Intimidation, Violence and Undue Influence will commends to run when the defect ceases. In other hand when it comes in mistake or fraud the running of the prescriptive period is from the time of discovery, and when it comes to minors or other incapacitated persons the commencement of the prescriptive period will be on time that the guardianship ceases. Article 1392 - In voidable contract there is what we call Ratification. Ratification in other words means previously there was no consent given by a party but when a party ratifies the contract he voluntarily adopts the unauthorized contract that approval of unauthorized contract will bind the party so ratify. Article 1393 - In this article will explain the two kinds of ratification, express and implied. Express is when ratification is manifested in words or in writing, Implied may take in diverse forms meaning it has not been categorically stated but its implied by the conduct of the party. Article 1394 - Explains the diverse forms in Implied Ratification. When a party will receive a monetary benefit flowing from the contract then that act of acceptance from that party is an act of implied ratification Article 1395 - Consent or conformity of the guilty party to ratification is not required. Ratification is unilateral. Article 1396 - Is about the effect of ratification. Retroactive makes the contract valid from its inception subject to the prior rights of third persons. If a voidable contract is ratified the defect in the contract is cured in the beginning. Article 1397 - Requisites to bring an action for annulment: Plaintiff must have an interest in the contract and victim must assert the same. A third person or stranger has no legal capacity to challenge the validity of a contract only the party who suffer in an capacity or the guardian can file an action on annulment of a voidable contract. Article 1398 - General rule : the contract is annulled, the parties must restore to each other. Article 1399 - Exception : incapacitated person is not obliged to restore what he had received unless he benefited. Article 1400 - Effect of the loss of the thing . Without the fault of the debtor, obligation is extinguished and with the fault of the debtor, pay indemnity for damages plus its fruits and interest. Article 1401 - Extinguishment of action for annulment : thins of lost through the plantiffs fault or fraud and right of action us based upon the incapacity of one of the contracting parties. Article 1402 - When a contract is annulled, reciprocal obligation of restitution is created. Even if a ground for voidable contract exist if a party is not in a precession to return what he had received then he cannot avail annulment of the contract. Chapter 8 Unenforceable contracts Article 1403-1404 - Unenforceable contracts cannot be enforced or given effect in a court of law or sued upon by reason of certain defects provided by law until and unless they are ratified. There are three kinds of unenforceable contracts, unauthorized contract, those do not comply with the Statue Frauds and those where both parties are incapable of giving. Statute of Fraud is enacted to prevent fraud or mistake so that the law will require that certain agreement must be reduce in writing. Also in this article includes Fundamental principle of statute of fraud. Statute of Fraud is applicable only to completely executory contract. Executory contract is a contract in preparation of another contract. It also required agreements: 1.Agreements not to be performed within one year from the making thereof. 2.Promise to answer for the debt, default, or miscarriage of another. 3. Agreement in consideration of marriage other than a mutual promise to marry. 4. Agreements for the sale of goods, etc. at price not less than P500.00. 5. Agreements for leasing for a longer period than one year. 6. Agreements for the sale of real property or an interest therein. 7.Representation as to the credit of a third person. Article 1405 - About the modes of ratification under the Statute of Frauds. If you fail to object the testimonial evidence to prove the contract then you are waiving your benefit under the statute of fraud you have to timely interpulse an objection otherwise your right will be waived ,and If you have accepted benefits under the contract you also ratify the statute of fraud. Article 1406 - A party to an oral sale of real property can now compel the other to put the contract in a public document for purpose of registration. Article 1407- When both parties are incapable of giving consent, the contract then is unenforceable.If ratification is made by both parties, the contract is then valid. Article 1408 - Stranger cannot question the unenforceability of the contract since the benefit of Statute can only be claimed by one who is a party to the oral contract. Thats all my takeaways, thank you Atty.
Kian John Ace Turico 1BSA-A Pamantasan ng Cabuyao Good day, Atty, here are my key takeaways for video lecture Voidable and Unenforceable Contracts. Article 1390. Under this provision, it discusses the definition of voidable contracts, and definition of annulment. Voidable contract are valid contracts but one party is incapable of giving consent or consent is vitiated by fraud, intimidation, violence, undue influence, or mistake (FIVUM). Voidable contracts are binding unless annulled by proper action in court. Annulment is the remedy provided by law. It is declaration of inefficacy of contracts based on a defect. Article 1391 provides the period for action for annulment which is four years as general rule. Except when there is intimidation, violence, and undue influence which time will begin when the defect ceases. If there is fraud or mistake, time will begin from time of discovery. In cases of minor and incapacitated persons, it will begin from the time guardianship ceases. Article 1392 discusses ratification which extinguishes the action to annul a voidable contract. It one voluntarily adopts or approves some defective contract. It cleanses the contract from all the defects the moment it was constituted. Article 1393 provides kinds of ratification which is express and implied or tacit. Express ratification means manifested in writing, while implied or tacit ratification can be silence, or by acts. This provision also provides the requisites for implied and express ratification. The requisites for implied ratification are (1) there must be knowledge of the reason which renders contract voidable. Reason must be ceases and injured party must have executed an act necessarily implies an intention to waive his right. Express ratification have the same requisites except it was express. Article 1394 provides who may ratify contracts. Persons that can ratify a contract are guardian if incapacitated or inured party himself if capacitated. Article 1395 said that consent of guilty party is not required in ratification. Meaning, it’s a unilateral act. Article 1396 talks about effect of ratification. Its effect is to make the contract valid from its inception subject to the prior rights of third person. It is retroactive effect. Article 1397 provides requisites to bring an action for annulment. First, plaintiff must have an interest in contract. Second, victim must assert the same. It is noted the third person has no legal capacity to challenge validity of contract. Article 1398 speaks about the general rule that when a contract in annulled, parties must restore the things or the object of the contract including the fruit and price of interest. In personal obligation, the basis is the value of service. Article 1399 is the exception to the general rule. When the defect of contract includes incapacity of one of the parties, incapacitated person is not obliged to return what he has received unless he benefited from it. Article 1400 speaks about the effect of loss of the thing to be returned. If the thing was lost without his fault, no obligation to return the same to other party. He will not be demanded to return the thing he is bound to return. If the loss of the thing was due to his fault, he must pay for the value of the thing at the time it was lost including interest and fruits. Article 1401 talks about extinguishment of annulment. It gives two instances. First, if the person who has right for the action lost the things, his right to have the contract annulled is extinguished. If right of action is based upon incapacity of one of the parties, the same rule applies. Article 1402 said that once the contract is annulled, reciprocal restitution is created. Note that there is no annulment if one of the parties cannot restore the thing he is obliged to return, even loss is due to unforeseen event. CHAPTER 8: UNENFORCEABLE CONTRACTS Article 1403-1404 speaks about definition of unenforceable contract which means contracts that cannot be enforced or take effect because of a reason of certain defects provided by law that can only be effective if ratified. It also gives the kinds of unenforceable contracts. The kinds of unenforceable contracts are as follows: 1. Contracts entered into name of another without authority. 2. Those who do not comply with Statute Frauds. 3. Contracts where both parties are incapable of giving consent. Statute of Frauds- enacted to prevent fraud and guard against mistake of honest men by requiring certain agreements that must be in writing. Under this are the fundamental principles: 1. Not applicable for actions which are neither for damages due to violation of contract nor specific performance. 2. Applicable only to completely executory contract, meaning no performance has been made or performed. 3. Not applicable when contract is admitted expressly or impliedly by failure to deny specifically its existence. 4. Applicable only to agreements enumerated. 5. Not applicable where writing does not express the true agreement of parties. 6. Does not declare that contracts are void but merely unenforceable. 7. Defense may be waived. 8. Statute of fraud is personal to the parties and stranger are not allowed to interpose. Agreements within the scope of the Statute of Frauds 1. Agreement not to be performed within one year from making thereof. 2. Promise to answer for the debt, default, or miscarriage of another. 3. Agreement in consideration of marriage other than mutual promise to marry. 4. Agreement for sale of goods, etc., at price not less than Php 500 5. Agreement for leasing for a longer period than one year 6. Agreement for sale of real property or of an interest therein 7. Representation as to the credit of third person. Article 1405 talks about mode of ratification under the Statute of fraud: 1. Failure of object to the presentation of oral evidence to prove the contract. 2. Acceptance of benefit under the contract. Article 1406 when a contract is enforceable under statute of fraud a party to an oral sale of real property cannot compel the other to put contract in a public document for purpose of registration. Also, the right of one party to have the other execute a public document is not available in a donation of realty when it is in a private instrument because donation is void. Article 1407 When parties are incapable of giving consent, contract is unenforceable. If only one party is giving consent, then it is not unenforceable it is void. But if guardian of either party ratifies the contract, it becomes voidable. If guardian of both parties ratifies, then it is now valid. Article 1408 said that a stranger cannot question the unenforceability of contracts. Only the binding parties have the right to question its unenforceability or validity. Thank you so much, Atty. for the video lecture.
Malayo, Christine B. 1BSA-A Pamantasan ng Cabuyao Good day Atty. After watching your video lecture and reading the book, here are my takeaways: Article 1390 refers to those contracts that are voidable or annullable, even though there may have been no damage to the contracting parties. Article 1391 clearly stated that the action for annulment shall be brought within four years. Article 1392 stated that ratification extinguishes the action to annul a voidable contract. According to Article 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) Article 1394 expressed that Ratification may be effected by the guardian of the incapacitated person. In Article 1395, ratification does not require the conformity of the contracting party who has no right to bring the action for annulment. (1312) Article 1396 stated that ratification cleanses the contract from all its defects from the moment it was constituted. (1313) Article 1397 refers to requisites to bring an action for annulment. In Article 1398, as a general rule, if the contract is annulled, the parties must restore to each other. Article 1399 serves as an exception to Article 1398. Article 1400 refers to the action for annulment of contracts shall be extinguished when the thing which is the object thereof is lost through the fraud or fault of the person who has a right to institute the proceedings. Article 1401 refers to extinguishment of Actions for Annulment. In Article 1402 as long as one of the contracting parties does not restore what in virtue of the decree of annulment he is bound to return, the other cannot be compelled to comply with what is incumbent upon him. Article 1403-1404 define unenforceable contracts, its kind. Also it gives the fundamental principles of statute of fraud as well as its meaning. Article 1405 refers to modes of ratification under statute of frauds. Article 1406 the Statute of Frauds, and a public document is necessary for its registration in the Registry of Deeds, the parties may avail themselves of the right under Article 1357. Article 1407 clearly stated that if ratification is made by the parents or guardians, as the case ,ay be, of both contracting parties, the contract shall be validated from the inception. Article 1408 refers to unenforceable contracts cannot be assailed by third persons. Thank you, Atty.
Krisha Mae M. Navarro 1BSA-B PNC Good day, Atty. Narciso. Here are some key points that I learned upon seeing this video. Article 1390: It gives the definition of voidable contracts and annulment. Voidable contract is a valid contract but one of the parties is incapable of giving consent, or consent is vitiated by mistake, violence, intimidation, undue influence or fraud. Annulment is a contract based on a defect or vice in the consent of one of the contracting parties in order to restore them to their original position in which they were before the contract was executed. Article 1391: Discusses about the period for filing action for annulment. When the defect ceases in Intimidation, Violence, or Undue Influence, they might file an action for annulment. In mistake, fraud, at the time of discovery. Last, when the guardianship of minors and other incapacitated people expires. Article 1392: Gives the definition of ratification. - means that one voluntarily adopts or approves some defective or unauthorized act or contract which, without his subsequent approval or consent, would not be binding on him. It cleanses the contract from all, its defects from the moment it was constituted The contract thus becomes valid. Article 1393: It discusses the 2 kinds of ratification which are Express (when the ratification is manifested in words or in writing) and Implied or tacit (it may take diverse forms, such as by silence or acquiescence; by acts showing adoption or approval of the contract; or by acceptance and retention of benefits flowing therefrom.) Also, gives the requisites of ratification which are: 1. There must be knowledge of the reason which renders the contract voidable; 2. Such reason must have ceased; and 3. The injured party must have executed an act which necessarily implies an intention to waive his right. Article 1397: Gives the requisites to bring an action for annulment which are plaintiff must have an interest in the contract and victim must assert the same. Article 1398: In real obligation If the contract is annulled, the parties, as a general rule, must restore to each other the subject matter of the contract with his fruits and the price thereof with legal interest while in personal obligation, the value of service is the basis for damages. Article 1340: Talks about the effect if the thing is lost. If the thing is lost without the fault of the debtor, the obligation is extinguished. If the thing is lost with the fault of the debtor, the debtor will pay indemnity for damages plus its fruits and interest. Article 1341: If the thing is lost through the plaintiff’s fault or fraud and right of action is based upon the incapacity of one of the contracting parties, the action for annulment is extinguished. Article 1342: When a contract is annulled, reciprocal obligation of restitution is created. There will be no annulment if a party cannot restore what he is bound to return; even loss is due to fortuitous event. CHAPTER 8: UNENFORCEABLE CONTRACTS Article 1343-1344: It talks about unenforceable contracts. It cannot be enforced or given effect in a court of law or sued upon by reason of certain defects provided by law until and unless they are ratified. FUNDAMENTAL PRINCIPLES OF STATUTE OF FRAUD 1. It is not applicable in actions which are neither for damages because of a violation of a contract. 2. 3.Not applicable where the contract is admitted expressly or impliedly by the failure to deny specifically its existence. 3. 4. Not applicable where a writing does express the true agreement of the parties. 4. 5. Does not declare that the contract is void but merely unenforceable. 5. 6. Defense of the Statute of Fraud may be waived. 6. 7. Defense of the Statute of Fraud is personal to the parties and cannot be interposed by strangers to the contract. 7. Applicable only to completely executory contract where no performance has yet been made by both parties. Article 1345: Provides the mode of ratification under the statute of frauds. 1. By failure to object to the presentation of oral evidence to prove the contract. 2. By acceptance of benefits under the contract. Article 1347: Both parties are incapable of giving consent, the contract then is unenforceable. However, if the parent or guardian, as the case may be, of either party, ratifies the contract it becomes voidable. If ratification is made by both parties, the contract is then valid. Article 1348: Stranger cannot question the unenforceability of the contract since the benefit of statute can only be claimed by one who is a party to the oral contract. Thank you, Atty.
FRIAS, RAYAH 1BSA-A Pamantasan ng Cabuyao CHAPTER 7 - VOIDABLE CONTRACTS ART. 1390. Voidable Contracts or Annullable Contracts - a valid contract but one of the parties is incapable of giving consent, or consent is vitiated by FIVUM. Annulment is a remedy provided by law for declaration of the inefficacy of a contract ART. 1391. Vices and Beginning Period of the running of the prescriptive period in the annulment of voidable contract: Intimidation, Violence, Undue Influence - When the defect ceases Mistake, Fraud - Time of discovery Minors, Other incapacitated persons - Time the guardianship ceases ART. 1392. Ratification - one voluntarily adopts or approves some defective or unauthorized act or contract, without his approval or consent, would not be binding on him. ART. 1393. Kinds of Ratification: Express and Implied Requisites of Implied Ratification 1. There must be knowledge of the reason which renders the contract voidable. 2. Such reason must have ceased. The injured party must have executed an act which implies waiver. ART. 1394. Diverse Forms in Implied Ratification -By silence or acquiesces -By acts showing adaptation or approval of the contract -By acceptance and retention of benefits flowing there from ART. 1395. The consent or conformity of the guilty party to ratification is not required. ART. 1396. Effect of Ratification - If a voidable contract is ratified the defect of the contract is cured from the beginning or retroactively. ART. 1397. Requisites to Bring an Action for Annulment -Plaintiff must have an interest in the contract -Victim must assert the same ART. 1398 - 1399. General Rule: If the contract is annulled, the parties must restore to each other what they have received from the contract. Exception: An incapacitated person is not obliged to restore what he had received unless he benefited. The other party is still bound to return what he had received, whether he was benefited or not. ART. 1402. When a contract is annulled, reciprocal obligation of restitution is created. CHAPTER 8 - UNENFORCEABLE CONTRACTS ART. 1403 - 1404. Unenforceable Contracts - cannot be enforced or given effect in a court of law or sued upon by reason of certain defects provided by law until and unless they are ratified. Kinds of Unenforceable Contracts -Those who entered into the name of another by one without authority or unauthorized contract -Those who do not comply with the Statute Frauds -Those where both parties are incapable of giving consent Statute of Frauds - enacted only to prevent fraud but also to guard against the mistake of honest men by requiring that certain agreements must be in writing. Fundamental Principles of Statute of Fraud It is not applicable in actions which are neither for damages because of a violation of a contract. Applicable only to completely executory contract where no performance has yet been made by both parties. Not applicable where the contact is admitted expressly or impliedly by the failure to deny specifically its existence. Not applicable where a writing does express the true agreement of the parties. Does not declare that the contract is void but merely unenforceable. Defense of the Statute of Fraud may be waived.Defense of the Statute of Fraud is personal to the parties and cannot be interposed by strangers to the contract. Kinds of Contract according to its stage or performance: Executory Contract - contract in preparation of another contract. Executed Contract - contract that has been accomplished or executed or performed. Agreements within the scope of the Statute of Frauds: (required to be reduced in writing) Agreement not to be performed w/in 1 year the making thereof. Promise to answer for the debt, default, or miscarriage of another. Agreement in consideration of marriage other than mutual promise to marry. Agreement for sale of goods at price not less than 500 pesos. Agreement for leasing for a longer period than one year. Agreement for the sale of real property or of an interest therein. Representation as to the credit of a 3rd person. ART. 1405. Modes of Ratification under the Statute of Frauds: By failure to object to the presentation of oral evidence to prove the contract. By acceptance of benefits under the contract. ART. 1406. A party to an oral sale of real property can now compel the other to put the contract in a public document for purpose of registration. The right of one party to have the other execute a public document which is not available in a donation of realty when it is in a private instrument because the donation is void. ART. 1407. Where both parties are incapable of giving consent, the contract then is enforceable. However, if the parent/guardian, as the case maybe, of either party, ratifies the contract it becomes voidable. If ratification is made by both parties, the contract is then valid. ART. 1407. Stranger cannot question the unenforceability of the contract since the benefit of Statute can only be claimed by one who is a party to the oral contract. It is a personal defense.
Uy, Joselle Angelu C. 1BSA-A Pamantasan ng Cabuyao Good Evening Atty! Here are my key takeaways from the video lecture. CHAPTER 7 VIODABLE CONTRACTS ARTICLE 1390 Voidable or annullable contracts - means a valid contract but one of the parties is incapable of giving consent, or consent is vitiated by FIVUM (Fraud, Intimidation, Violence, Undue influence, Mistake) Annulment - remedy provided by law for the declaration of the inefficacy of a contract * Article 1391 - there are different bases or defect of consent namely intimidation, violence, undue influence, mistake, fraud, minors and other incapacitated persons. The beginning. For the first three vices or when the defect ceases. For mistake and fraud is from the time of discovery. And the last two vices is from the time the guardianship ceases. * Article 1392 this article defines ratification which means when one voluntarily adopts or approves some defective or unauthorized act or contract without his approval or consent. * Article 1393 There are two kinds of ratification. First is express, this is the kind that can be manifested in oral or in written form. Implied on the other hand, is the one that may take in diverse forms. In here also discusses the requisites of implied ratification. * Article 1394 Diverse Forms in Implied Ratification: (1) By silence or acquiesces, (2) By acts showing adaptation or approval of the contract and (3) By acceptance and retention of benefits flowing therefrom. A guardian or an injured party himself, provided he is already capacitated, may ratify a contract. *Article 1395 When ratification is occurred, the guilty party or the person who's not experiencing incapacity is not required to give consent or the conformity for the ratification to be valid. It is because ratification is unilateral. *Article 1396 - An effect of ratification is retroactive. It makes a voidable contract to a valid contract up to the start, from its inception subject to the prior rise of third persons. *Article 1397 .A third person/stranger has no legal capacity to challenge validity of a contract. Only the aggrieved party can file a action for annulment of voidable contract PRINCIPLE: He who comes to court must with clean hands. Requisites to bring an action for annulment 1. Plaintiff must have an interest in the contract 2. Victim must assert the same *Article 1398 GENERAL RULE: if the contract is annulled the parties must restore to each other. OBLIGATION MUTUAL RESTITUTION 1. REAL a. Subject matter with fruits b. Price with legal interest 2. PERSONAL Value of service *Article 1399 There is an exception for the article above. Unless benefited, an incapacitated person is not obliged to restore what he had received. The other contracting party is still bound to return what he had received, whether he is benefitted or not. *Article 1400 In this article the effects of when the loss of the thing happens is discussed. - If it is without the fault of the debtor the obligation is extinguished. - if it is with the fault of the debtor he shall pay indemnity for damages plus its fruits and interest. *Article 1401 It will result to the extinguishment of action for annulment 1. When the thing is lost through the plaintiff fault or fraud 2. the right of action is based upon them capacity of one of the contracting parties. *Article 1402 Reciprocal obligation of restitution is created when a contract is annulled. Also, there will be no annulment if a party cannot restore what he is bound to return even if it is lost due to fortuitous event. Chapter 8: Unenforceable Contracts *Article 1403-1404 talks about the Unenforceable contracts these are the contracts that cannot be enforced or given effect in a court of law or sued upon by certain by defects provided by law until and unless they are ratified. There are also 3 kinds of unenforceable contracts. 1. Unauthorized contracts or those enters into the name of another by one without authority 2. Statute of fraud is enacted only to prevent fraud and avoid mistakes of honest men. It is requiring the agreement to be in written form. *Article 1405 There are two modes of ratification under the Statue of Fraud. (1) by failure to object to the presentation of oral evidence to prove the contract and (2) by acceptance of benefits under the contract *Article 1406 In an oral sale of real property, party can compel to out the contract in a public document for the purpose of registration. A donation of real property when it is a private instrument, one party cannot compel the other to execute a public document because the donation is void. *Article 1407 Kinds of unenforceable contracts 3. The contract is unenforceable when both parties are incapable of giving consent. If the parent or guardian of either party ratifies the contract, it becomes voidable. The contract will be valid when both parties consider ratification. *Article 1408 A third person cannot question the unenforceability of the contract. Stranger cannot question the unenforceability of the contract since the benefit of statue fraud can only be claimed by one who is a party to the oral contract. It is a personal defense.
Baal, Ericka Jane G. 1BSA-A(PnC) Good Day Atty! Here are the summary of my learnings after watching your video lecture, Voidable Contracts and Unenforceable Contracts Chapter 7: Voidable Contracts In Article 1390, it gives the definition of Voidable or Annullable Contracts which is a valid contract but one of the is incapable of giving consent or consent is vitiated by (FIVUM) Fraud, Intimidation, Violence, Undue Influence, or Mistake and a remedy of Annulment was provided by law. Under Article 1391, it discuss the different kind of vices or defect of consent and they are the: (1) Intimidation (2) Violence (3)Undue Influence (4) Mistake (5)Fraud(6)Minors(7)Other Incapacitated Person. Article 1392- Ratification extinguishes the action to annul a Voidable contract and voluntarily adopt some defective or unauthorized act or contract. It also cleanses the contract from all it's defects from the moment it was constituted. Article 1393- It gives the two kinds of Ratification which are the Express(Ratification is manifested in words or writing) and Implied (may take in diverse forms). It also gives the Three Requisites of Implied Ratification. Article 1394- It talks about who may ratify a Contract entered into by an incapacitated person. One example of it was the guardian which Ratification may be affected. Article 1395- Ratification doesn't required the consent or conformity of the guilty party because it is unilateral. Article 1396- It discuss the effect of Ratification which is Retroactive that makes the Contract valid from its inception subject to the prior rights of third person. Article 1397- The following are the Requisites to Bring an Action for Annulment: (1) Plaintiff must have an interest in the Contract (2) Victim must assert the same A person who are not part of the party doesn't have the right to challenge the Validity of a Contract, only the aggrieved party can file an action for Annulment of Contract. Article 1398- As a general rule, if the contract is annulled, the parties must restore to each other the Obligation to return the subject matter with fruits and if not pay the price with legal interest. If the Obligation is personal, the value of the service is the basis for damages. Article 1399- As an exception for Article 1398, the incapacitated person is not obliged to make any restitution except he benefited. Article 1400- The effect of loss of the thing with and without the fault of the Debtor. When it is not the fault of the Debtor then the Obligation is extinguished, while if the loss of the thing was the fault of the obliged person, he must pay indemnity for damages plus it's fruits and interest. Article 1401- The action for Annulment of Contract shall be extinguished when the object is lost by fraud or plaintiff's fault. Also, right of action is based upon the incapacity of one of the contracting parties. Article 1402- As long as the party cannot restore what he is bound to return then he cannot avail for Annulment. Chapter 8: Unforceable Contracts Article 1403- 1404- it gives the definition of Unforceable Contracts which is a Contract that cannot be enforced or given effect in a Court of Law, unless they are ratified. There are three Kinds of Unenforceable Contracts and they are: (1) Those entered into the name of another by one without authority or unauthorized contract. (2) Those that do not comply with the statute Frauds (3) Those where both parties are incapable of giving •One of the objective of Statute of Frauds is to prevent fraud and mistake. • It also discuss the Fundamental Principles of Statute of Fraud. • The following are the Agreements within the scope of the Statute of Frauds: (1)Must not be performed within one year (2) Promise to answer for the debt, default, or miscarriage of another (3) Consideration of marriage other than mutual promise to marry (4) Sale of Goods at price not less that P500,000. (5)" " leasing for a longer period than one year (6) the sale of real property or of an interest therein (7) Representation as to the credit of a third person. Article 1405 gives the Modes of Ratification under the Statute of Frauds. Article 1406- When a Contract is enforceable under the Statute of Frauds, the sale was form of oral, they may still put it in the public document for registration. Article 1407- When both parties are incapable of giving consent then the contract is Unenforceable. If Ratification is made by both parties then the Contract is valid Article 1408- Unenforceable Contracts cannot be question by the third person. Thank you Atty. for this video lecture!
Fernandez, Patricia Jainah M. 1BSA-A Good Day, Atty. I would like to thank you for uploading videos that helps us learn and get to know more the Law on Obligations and contracts that would help us for building the knowledge in the time the students you teach would face the world and become successful CPAs. Voidable Contracts Article 1390: Contracts that are voidable or annullable include all of the essential requirements of a valid contract, but one of the parties is legally incapable of giving permission, or consent is vitiated by mistake, violence, intimidation, undue influence, or fraud. They exist, are valid, and are binding unless they are annulled or set aside by an appropriate court action. Once ratified, they become fully valid and cannot be reversed. Article 1391: A voidable contract must be annulled through direct court action, and a party cannot be released from the obligations flowing from it until the contract is annulled or set aside by the court. The four-year period for bringing an action for annulment is reckoned: In case of intimidation, violence, or undue influence, In case of mistake or fraud and in the case of contracts entered into by minors or other incapacitated persons. Article 1392: Ratification occurs when a person who is not disabled deliberately adopts and gives sanction to a flawed or unlawful contract, act, or process that would not be binding on him without his future approval or assent. It cleanses the contract from all its defects from the moment it was constituted. Article 1393: There are kinds of ratification: implied and express. The requisites for implied ratification are the following: a. There must be knowledge of the reason which renders the contract voidable; b. Such reason must have ceased; and c. The injured party must have executed an act which necessarily implies an intention to waive his right. The requisites for express ratification are the same as those for implied ratification except that the former is effected expressly. Article 1394: Parties who may ratify are the guardian, he injured party himself, provided, he is already capacitated and in case the contract is voidable on the ground of mistake, etc., ratification can be made by the party whose consent is vitiated. Article 1395: Ratification is an unilateral act in which a party waives the defect in his consent. The guilty party's assent is not required; otherwise, he can conveniently violate his contract by just declining to grant his conformance. Article 1396: Ratification cleanses the contract of all flaws that existed at the time it was executed. It puts an end to the annulment action. Ratification has the effect of making the contract binding from the start, subject to the prior rights of third parties. Article 1397: Strangers have no legal capacity to challenge the validity of such contract. The guilty party, as well as his successor in interest, cannot seek annulment. This rule is supported by the concept that whoever appears in court must do so with clean hands. Article 1398: If the contract is annulled, the parties, as a general rule, must restore to each other (a) the subject matter of the contract with its fruits) and (b) the price thereof with legal interest. Like in rescission, the purpose of the law is to restore the parties to their original situation by mutual restitution. In personal obligations, where the service had already been rendered, the value thereof with the corresponding interest, is the basis for damages recoverable from the party benefited by the service. Article 1399: This clause is an exception to the preceding article's general rule of mutual restitution. The incapacitated person is only required to make restitution to the extent that he benefited from the product or price obtained. As a result, if he was not benefited, he is not obligated to return what he received; nevertheless, the other contracting party is still obligated to return what he received, whether he was benefited or not. Article 1400: If the thing to be returned is lost without the fault of the person obliged to make restitution (defendant), there is no more obligation to return such thing. If it is lost through his fault, his obligation is not extinguished but is converted into an indemnity for damages consisting of the value of the thing at the time of the loss with interest from the same date and the fruits received from the time the thing was given to him to the time of its loss. Article 1401: If the person who has the right to institute an action for annulment is unable to restore the thing that he may be required to return if the contract is annulled because it was lost due to his fraud or fault, his right to have the contract annulled is lost. The right of action is founded on either of the contractual parties' incapacity. The rule is the same whether the right of action is based on incapacity or not. Article 1402: When a contract is terminated, a reciprocal responsibility of restitution arises. The return by one party of what he is required to restore by the annulment decision may be regarded as a condition precedent to the fulfillment by the other of what is required of him. In effect, there will be no annulment if the party is unable to restore what he is obligated to return. UNENFORCEABLE CONTRACS Article 1403: While rescissible and voidable contracts are legal and enforceable until retracted or annulled, unenforceable contracts, while valid, are unenforceable unless ratified. A party to an unenforceable contract may bring an action to enforce it subject to the defense of the lack of the required form (Statute of Frauds) or absence of authority or in excess thereof. The law expressly provides that such a contract cannot be assailed by a third person. Article 1404: No one may contract in the name of another without being authorized by the latter, or unless he has by law a right to represent him. Article 1405: By failure to object to the presentation of oral evidence to prove the contract. by acceptance of benefits is contract no longer executory and, therefore, the Statute does not apply. Article 1406: Accordingly, a party to an oral sale of real property cannot compel the other to put the contract in a public document for purposes of registration because it is unenforceable. Similarly, the right of one party to have the other execute a public document is not available in a donation of realty when it is in a private instrument because the donation is void. Article 1407: Where both parties to a contract are incapable of giving consent, the contract is unenforceable. If the ratification is made by the parents or guardians, as the case may be, of both contracting parties, or by both contracting parties after attaining or regaining capacity, the contract is validated and its validity retroacts to the time it was entered into. Article 1408: Strangers to a voidable contract cannot bring an action to annul the same; neither can they assail a contract because of its unenforceability. An action for rescission may be brought by a third person.
Panganiban, Aubrey L. 1BSA-A Good day, Atty. Here’s what I’ve learned from the video about Chapter 7-Viodable Contracts: Art. 1390 gives definition to voidable contracts, those which possess all the essential requisites of a valid contract but one of the parties is incapable of giving consent, or consent is vitiated by fraud, intimidation, violence, undue influence, or mistake. It also talks about annulment, which is a remedy provided by law for the declaration of the inefficacy of a contract based on a defect or vice in the consent of one of the contracting parties. Art. 1391 talks about the period for filling action for annulment. In cases of intimidation, violence, or undue influence, the action for annulment is from the time it ceases. In cases of mistake or fraud, the running od the prescriptive period is from the time it is discovered. And, in cases of contracts entered into by minors or incapacitated persons, the commencement of the prescriptive period is from the time the guardianship ceases. Art. 1392 gives definition to ratification, which means that one voluntarily adopts or approves some defective or unauthorized act or contract which, without his approval or consent, would not be binding on him. It will cleanse the contract from all its defects from the moment it was constituted. Art. 1393 talks about different kinds of ratification. They are express (when ratification is manifested in words or writing) and implied or tacit (may take in diverse forms). The requisites for implied ratification are; there must be knowledge of the reason which renders the contract voidable, such reason must have ceased, and the injured party must have executed an act which necessarily implies an intention to waive his right. Express ratification has also the same requisites except that the former is effected expressly. Art. 1394 talks about persons who may ratify a contract entered into by an incapacitated person, and they are the guardian or the injured party himself provided he is incapacitated. Art. 1395 refers to conformity of guilty party to ratification not required because ratification is unilateral act by which a party waives the defect in his consent. Art. 1396 talks about the effects of ratification retroactive. It makes the contract valid from its inception subject to the prior rights of third persons. Art. 1397 talks about the requisites to bring an action for annulment where the plaintiff must have an interest in the contract and the victim and the party responsible for the defect is the person who must assert the same. A third person has no legal capacity to challenge the validity of such contract. Strangers are without right to bring the action for they are not obliged by the contract. Moreover, the guilty party cannot ask for annulment. Art. 1398 talks about the duty of mutual restitution upon annulment having a general rule that if the contract is annulled, the parties must restore to each other what they have received from the contract with their fruits and the price with interest. Art. 1399 is an exception to the general rule of mutual restitution, an incapacitated person is obliged to make restitution only to the extent that he was benefited by the thing or price received by him. Art. 1400 talks about the effect of loss of thing to be returned. If the thing to be returned is lost without the fault of the debtor, the obligation is therefore, extinguished. If it is lost through the fault of the debtor, his obligation is not extinguished and he must pay indemnity for damages plus its fruits and interest. Art. 1401 talks about extinguishment of action for annulment. The action for annulment of contracts shall be extinguished when the thing is lost through the plaintiff’s fault or fraud and if the right of action is based upon the incapacity of any one of the contracting parties. Art. 1402 talks about effect where a party cannot restore what he is bound to return. When a contract is annulled, a reciprocal obligation of restitution is created. There will be no annulment if the party cannot restore what he is bound to return, even if the loss is due to a fortuitous event. Chapter 8-Unenforceable Contracts Art. 1403-1404 gives definition to unenforceable contracts which are those that cannot be enforced or given effect in a court of law or sued upon by reason of certain defects provided by law until or unless they are ratified. There 3 kinds of unenforceable contracts; (1) those entered into in the name of another by one without authority, (2) those that do not comply with the Statue Frauds, and (3) those where both parties are incapable of giving. Statute of Frauds are enacted to guard against the mistakes of honest men by requiring that certain agreements specified, which is in writing. Art. 1405 talks about the modes of ratification under the Statute of Frauds; (1) by failure to the presentation of oral evidence to prove the contract, and (2) by acceptance of benefits under the contract. Art. 1406 talks about the right of a party where contract is enforceable. A party to an oral sale of real property cannot compel the other to put the contract in a public document, this is because it is unenforceable. Moreover, the right of one party to have the other execute a public document is not available in a donation of realty when it is in a private instrument because the donation is void. Art. 1407 where both parties to a contract are incapable of giving consent, the contract is unenforceable. The contract becomes voidable if the parents or guardians of either party ratifies the contract. Furthermore, an unenforceable contract becomes a valid contract if the ratification is made by the parent or guardians of both contracting parties. Art. 1408 strangers to a voidable contract cannot bring an action to annul the same because of its unenforceability. It is a personal defense. Thank you for this lesson, Sir.
Serrano, Kaela B 1BSA-A Pamantasan ng Cabuyao Good Day Atty! here are my takeaways from this video. Article 1390 Voidable or Annullable Contracts- A valid contract but one of the parties is incapable of giving consent or consent is vitiated by FIVUM. These contracts are binding unless they are annulled by a proper action in court. FIVUM: Fraud intimidation Violence Undue Influence Mistake Article 1391 The action of annulment shall be brought within 4 years. In case of intimidation, violence and undue influence, the period shall begin when the defect ceases. In case of mistake and Fraud, the period shall begin from the time of discovery. when the action refers to contracts entered by minors or other incapacitated person, the period shall begin from the time the guardianship ceases. Article 1392 Ratification- One voluntarily adopts or approves some defective or unauthorized acts or contracts without his approval or consent, would not be binding on him. Article 1393 Kinds of Ratification: Express- when the ratification is manifested on writing. Implied- May take diverse forms. Requisites of Ratification: -There must be knowledge of the reason which renders the contract voidable - Such reason must cease -The injured party must have executed an act which necessarily implies an intention to waive his rights. Express ratification has the same requisites except that it is effected expressly. Article 1394 Diverse forms in implied ratification: - A by silence or acquisces -By acts showing adaptation or approval of contract -By acceptance and retention of benefits flowing there from. Article 1395 The consent or conformity of the guilty party to ratification is not required since ratification is unilateral. Article 1396 The effect of ratification is retroactive. Article 1397 States the different requisites to bring an action for annulment. Also, the guilty party cannot ask for annulment because of the principle: He who comes to court must come with clean hands. Article 1398 As a General Rule: If the contract is annulled the parties must return the objects to each other. If the obligation is Real, He must return the subject matter with fruits or the Price with legal interest. If the obligation is personal, He may return the value of the service. Article 1399 Is an exception to article 1398, An incapacitated person is not obliged to restore what he had received unless he benefited from it. The other contracting party is bound to return what he has received whether he benefited or not. Article 1401 Extinguishment of action for Annulment: -The thing is lost through the fault of plaintiff or fraud. -Right of action is based upon the incapacity of one of the contracting parties. Article 1402 When a contract is annulled, reciprocal obligation of restitution is created. There will be no annulment if a party cannot restore what he is bound to return, even loss due to fortuitous event. Article 1403-1404 Unenforceable contracts - cannot be enforced or given effect in a court of law or sued upon by reason of certain defects provided by law until and unless they are ratified. It is also discussed under this article are the different kinds of unenforceable contracts, the fundamental principles of statute of frauds, and the agreements within the scope of statute frauds that must be reduced in writing. Statute of Frauds- enacted only to prevent fraud but also to guard against the mistake of honest men by requiring that certain agreements must be in writing. Article 1405 discusses the modes of ratification under the statute of frauds. Article 1406 A party to an oral sale of real property can now compel the other to put the contract in a public document for purpose of registration. Article 1407 Unenforceable contract is where both parties are incapable of giving consent. If one of the party is capable of giving consent it is called voidable contract. If ratification is made by both parties, the contract is valid. That's all Atty! Thank you
Ortega, Annaztacia 1BSA-A (PNC) Good day atty. Here are the summary of my learnings after watching your video lecture, VOIDABLE CONTRACT According to article 1390, voidable contracts include failure by one or both parties to disclose a material fact; a mistake, and a misrepresentation or fraud. Voidable contracts are binding unless annulled by a proper action in court. Moreover, according to article 1391, this article only applies to the parties in the contract. It does not apply to a third person when the law allows them to question the validity of a contract. Failure to pursue an action within the period prescribed by law will have the effect of extinguishing the action. In addition, in article 1392 and 1393, ratification is the act of approving a contract entered into by another without the authorization of the person in whose name it was entered into, or beyond the scope of the authority of the former and applies to unenforceable contracts, or contracts where consent is totally absent. There are two kinds of ratification, it is the express ratification which is the any oral or written manifestation of the person entitled to ask for annulment that he agrees to be bound by the contract or that he will not seek for its annulment, and the implied ratification that it is an annulled contract may be implied from the conduct of the acts of the party entitled to ask for annulment. In article 1394, ratification may be effected by the guardian of the incapacitated person. Incapacitated persons includes unemancipated minors and insane or demented persons, and deaf-mutes who do not know how to write. If incapacitated enters into a contract, the contract is voidable if the other party is capacitated. If both are incapacitated, the contract becomes void. The guardians however may ratify the defective contract in their behalf. If the incapacitated person becomes capacitated, they themselves may ratify their defective contracts. Moreover, according to 1395 and 1396, conformity of the party who has no right to bring an action for annulment is not needed. The innocent party has the prerogative to annul or not to annul a voidable contract. After the contract has validly ratified, no action to annul the same can be maintained biased upon defects relation to its original validity. However, according to article 1397, in an action for the annulment of contracts, the real parties in interest are those who are parties to the contract, or are bound either principally or subsidiarily, or are prejudiced in their rights with respect to one of the contracting parties and can show the detriment which would positively result to them from the contract even though they did not intervene in it, or who claim aright to take part in a public bidding but have been illegally excluded from it. In Article 1398, if the contract is annulled, the parties, as a general rule, must restore to each other the subject matter of the contract with its fruits and the price thereof with legal interest. Unless there are fundamental reasons recognized by the law which will prevent such restitution. There is an exception in article 1399, if the contract is null, the parties are bound to restore or return reciprocally the thing with its fruits and the price with interest, if nullity is on the incapacitated party, the party suffering from such incapacity is only bound to return what he has profited by the thing sold or by the price received. Hence, according to article 1400 to 1402, whenever the person obliged by the decree of annulment to return the thing cannot do so because it has been lost through his fault, he shall return the fruits received and the value of the thing at the same time of the loss, with interest from the same date. The action for annulment of contracts shall be extinguished when the thing which is the object thereof is lost through the fraud or fault of the person who has a right to institute the proceedings. As long as one of the contracting parties does not restore what in virtue of the decree of annulment he is bound to return, the other cannot be compelled to comply with what is incumbent upon him. UNENFORCEABLE CONTRACTS According to articles 1403-1404, unenforceable contracts - cannot be sued upon or enforced unless ratified, it has no effect yet while voidable and rescissible contracts produced legal effects until they are annulled or rescinded. Unauthorized contracts shall be governed by article 1317 that no one may contract in the name of another without being authorized by the latter, or unless by law or right to represent him. Moreover, according to articles 1405-1407, contracts infringing the Statute of Frauds, referred to in No. 2 of Article 1403, are ratified by the failure to object to the presentation of oral evidence to prove the same, or by the acceptance of benefit under them. When a contract is enforceable under the Statute of Frauds, and a public document is necessary for its registration in the Registry of Deeds, the parties may avail themselves of the right under Article 1357. In a contract where both parties are incapable of giving consent, express or implied ratification by the parent, or guardian, as the case may be, of one of the contracting parties shall give the contract the same effect as if only one of them were incapacitated. If ratification is made by the parents or guardians, as the case may be, of both contracting parties, the contract shall be validated from the inception. Lastly, in article 1408, unenforceable contracts cannot be assailed by third persons. That's all, thank you po.
Camas, Ma. Joyce Susanfei M. 1 BSA-B Pamantasan ng Cabuyao Good day, Atty. Thank you for providing this video. Below are my takeaways: Defective contracts Voidable contracts Article 1390 Voidable or annullable contracts • A valid contract but one of the contracting parties is incapable of giving consent, or consent is vitiated by fraud, intimidation, violence, undue influence, or mistake. Annulment of contract • Remedy provided by law the declaration of the efficacy of a contract based on a defect or vice of consent in order to restore them to their original position as when the contract was executed. Article 1391
Different vices or defect of consent 1. Intimidation 2. Violence 3. Undue influence 4. Mistake 5. Fraud 6. Minors 7. Other incapacitated persons The beginning period of the running of the prescriptive period for filing of or an annulment of a voidable contract will commence to run: 1-3. When the defect ceases to exist 4-5. From the time of discovery 6-7. At the time that the guardianship ceases to exist A ratification • One voluntarily adopts or approves some defective or unauthorized contact or act without his approval or consent would not be binding on him • Cleanses the contract from all its defects from the moment it was constituted Article 1393 Kinds of ratification 1. Express - manifested in words or in writing 2. Implied - can take in diverse form Diverse form of implied ratification: 1. By silence or acquiscence 2. By acts showing adaptation or approval of the contract 3. By acceptance and retention of benefits flowing there from Article 1393 Requisites of implied ratification: 1. There must be knowledge of the reason which the which renders the contract avoidable 2. Such reason must have ceased 3. The injured party must have executed an act which implies waiver Express ratification has the same requisites except that it is affected expressly or categorically Who may ratify a contract entered into by an incapacitated person? 1. Guardian 2. Injured party himself provided that he is already capacitated Article 1395 • The consent or conformity of the guilty party to the ratification is not required Reason: ratification is unilateral Effect of ratification if avoidable contract is ratified -there is a retroactive effect -makes the contract valid from its inception subject to the prior rights of third persons. Article 1397 Requisites in order to bring an action for annulment of a voidable contract 1. Plaintiff must have an interest in the contract 2. Victim must assert the same • A third person or a person who is not a party to a contract has no legal capacity to challenge the validity of a contract • Guilty party cannot file for an annulment of contract (principle: he who comes to court must come with clean hands ) Article 1398 • General rule: if the contract is annulled, the parties must restore to each other [what they have received from the contract]
Mutual restitution 1. Real a. Return the subject matter with fruits or the price with legal interest b. Return the price of the object if the return of the object rather is no longer feasible 2. Personal • Return the value of the service or th e amount of the service General rule: if the contract is annulled then the parties must restore to each other Exception: • An incapacitated person is not obliged to restore what he has received • The other contracting party is still bound to return what he had received whether he benefited or not
Article 1400 The effect of the loss of the thing 1. Without the fault of the debtor -will extinguish the obligation 2. With the fault of the debtor - debtor is liable to pay indemnity for damages plus fruits and interest Extinguished of action for annulment 1. The thing is lost through the plaintiff's fault or fraud 2. Right of action is based upon in capacity of one of the contracting parties Article 1402 • When a contract is annulled, reciprocal obligation of restitution is created • There will be no annulment if a party cannot restore what he is bound to return; even if loss is due to a fortuitous event
Chapter 8 unenforceable contract Article 1403 Unenforceable contract Is a contract that may not be enforced from its term or it cannot be given effect in a court of law or a party may not sue on an unenforceable contract by reason of certain defects provided by law until and unless that they are ratified Kinds of unenforceable contracts 1. Those entered into the name of another by one without the authority of another 2. Those that do not comply with the statute of frauds (statute of fraud- enacted only to prevent fraud but also to guard against the mistake of honest men by requiring that certain agreement must be in writing so statutory frauds class is enacted to prevent fraud or mistake so that the law will require that certain agreements must be reduced in writing) 3. Both parties are incapable of giving consent Fundamental principles of the statute of fraud 1. It is not applicable in actions which are neither for damages because of a violation of contract 2. [most important] - is applicable only to a completely executory contract where no performance has yet been made by both parties Kinds of the contract according to its stage or performance 1. Executory contract - a contract in preparation of another contract 2. Executed contract - the contract has been accomplished or executed of personal property in the amount of 10 000 pesos and then there is no agreement in writing okay so statute of fraud -sale of personal property must be in writing if it is more than 500 pesos} 3. Not applicable where the contract is admitted expressly or impliedly by the failure to deny specifically its existence 4. Not applicable where writing does express the true nature of the agreement 5. Does not declare that the contract is void but merely unenforceable 6. Defense of touch the fraud may be waived for the failure of timely invocation 7. Defense of statute of fraud is personal to the parties and cannot be interposed by strangers to the contract Agreements within the scope of the statute of frauds 1. Agreement not to be performed within one year from the making thereof 2. Promise to answer for the death, default, or miscarriage of another 3. Agreement in consideration of marriage other than a mutual promise to marry 4. Agreement for a sale of goods at price not less than 500 peso 5. Agreement for leasing for a longer period than one year 6. Agreement for the sale of real property or of an interest therein 7. Representation as to the credit of a third person Modes of ratification under the statute of fraud [a statute of fraud is ratified] 1. By failure to object to the presentation of oral evidence to prove the contract 2. By acceptance of benefits under the contract Article 1406 A party to an oral sale of real property can now compel the other to put the contract in a public document for purpose of registration The right of one party to have the other execute a public document which is not available in a donation of real property when it is in a private instrument because the donation is void Article 1407 (third kind of unenforceable contract) • Where both parties are incapable of giving consent, the contract then is unenforceable • If one party is incapable of consent the status is voidable • If both parties are incapable of giving consent the status is unenforceable • If the parent or guardian, as the case may be, of either party ratifies the contract it becomes voidable • If the ratification is made by both parties the contract is valid Article 1408 • If the contract is voidable, the third person cannot file the action for annulment of contract (that's the same principle applies to unenforceable contract) • A third person cannot question the unenforceability of the contract since the benefit of a statute of fraud can only be claimed by the party to the oral contract • It is a personal defense
Lagera, Rinalyn A. 1BSA-A PNC Good day atty. Below are my learnings from your video. ARTICLE 1390 VOIDABLE OR ANNALA BALL CONTRACTS IS A VALID CONTRACT BUT ONE OF THE PARTIES IS INCAPABLE OF GIVING CONSENT. Annulment is a remedy provided by law for the declaration of the efficacy of a contract based on eye defect or vice of consent in order to restore them to there original position as when the contract was executed. Ratification one voluntarily adopts or approach some defective or an authorized act or contract. Article 1393 there are two kinds of ratification first express when the ratification is manifested in words or in writing second implied it is meeting in diverse form. On article 1394 diverse forms implied ratification 1. Bye silence or acquiesces 2. By acts showing adaptation all approval of the contract. 3. By acceptance and retention of benefits going there from. Article 1395 the consent or conformity of the guilty party to ratification is not required. Next article 1397 ate third person or stranger has to legal capacity to challenge the validity of a contract also the guilty party cannot ask for annulment. Article 1398 the general rule here is if the contract is annulled the parties must restore to each other. Article 1399 there are exceptions an incapacitated person is not obliged to restore what he had received unless he benefited. An article 1400 if the loss of the thing due to the fault of the debtor the effect is he must pay indemnity for damages plus its fruits and interest while if we doubts the debtor fault defecate the obligation must be extinguished. Article 1401 the thing is loss through the plaintiffs fault or fraud Article 1402 there will be no annulment if the party cannot restore what he is bound to return. Chapter 8 unenforceable contract Unenforceable contract cannot be enforced or given effect in a court of law. There are two kinds of unenforceable contracts first those entered into the name of the other by one without authority or unauthorized contracts s those that do not comply with the statute fraud. Moreover statute fraud is enacted only to prevent fraud. Article 1405 modes of ratification under the statute of fraud is by failure to object to the presentation of oral evidence to prove the contract. Article 1407 where both parties are incapable of giving consent the contract then is unenforceable. Article 1408 strange cannot question the unenforceableability of the contract. That's all thanks po
Francisco, Yvonne Lee R. 1 BSA-B Good day, Atty! Here are some of my notes from this video: Chapter 7: Voidable Contracts Article 1390 talks about voidable contracts or annullable contracts. A valid contract but one of the parties is incapable of giving consent or consent is vitiated by fraud, intimidation, violence, undue influence, or mistake. (FIVUM) Article 1391 is about period for filing action for annulment in case of intimidation, violence, undue influence, mistake, fraud, minors and other incapacitated persons. Article 1392 refers to ratification. It cleanses the contract from all its defects from the moment it was constituted. Article 1393 speaks about the two kinds of ratification which are the express and implied or tacit. Article 1394 is about the person who may ratify a contract entered into by an incapacitated person. They are the guardian and the injured party himself provided he is already capacitated. Article 1395 - The consent or conformity of the guilty party to ratification is not required. Article 1396 - The effect of ratification is retroactive where it makes the contract valid from its inception subject to the prior rights of third persons. Article 1397 is about the requisites to bring an action for annulment. A third person or stranger has no legal capacity to challenge the validity of a contract. Also, the guilty party cannot ask for annulment. Article 1398 talks about the duty of mutual restitution. General rule: If the contract is annulled, the parties must restore to each other. Article 1399 - It is an exception to the general rule. An incapacitated person is not obliged to restore what he had received unless the benefited. But the other contracting parties is still bound to return what he had received, whether he was benefited or not. Article 1400 is about effect of loss of thing t be returned. If the thing is lost without the fault of the debtor, obligation is extinguished. However, if the thing is lost through his fault, obligation is not extinguished but is converted into an indemnity for damages plus its fruits and interest. Article 1401 - Extinguishment of Action for Annulment: (1) Thing is lost through the plaintiff’s fault or fraud. (2) Right of action is based upon incapacity of one of the contracting parties. Article 1402 - When a contract is annulled, reciprocal obligation of restitution is created. There will be no annulment if a party cannot restore what he is bound to return; even loss is due to fortuitous event. Chapter 8: Unenforceable Contracts Article 1403-1404 is about unenforceable contracts. It cannot be enforced or given effect in a court of law or sued upon by reason of certain defects provided by law until and unless they are ratified. Article 1405 - Modes of ratification under Statute of Frauds: (1) By failure to object to the presentation of oral evidence to prove the contract. (2) By acceptance of benefits under the contract. Article 1406 - A party to an oral sale of real property can now compel the other to put the contract in a public document for purpose of registration. Article 1407 - Where both parties are incapable of giving consent, the contract then is uneforceble. Article 1408 - Stranger cannot question the unenforceability of the contract since the benefit of Statute can only be claimed by one who is a party to the oral contract. Thank you for this lecture, Atty!
Candido, Hannah Mae P. PNC-1BSA-A Good Day Atty! Below is the summary on what I've learned on the video lecture. We're now at Chapter 7 Voidable Contracts. Article 1390 provides the voidable contracts, we should memorize the FIVUM which means fraud, intimidation, violence, undue influence, and mistake. When we say annulment, it is remedy provided by law for the declaration of the inefficacy of a contract based on a defects or vice of consent. Under 1391, there are different vices or defect of consent and provided its beginning period. Article 1392 provides the meaning of ratification, for instance, there was no consent given by the party previously but when a party ratifies the contract he voluntarily adopt or approves the unauthorized act or contract and that approval will bind the party. Under Art. 1393 there are two (2) Kinds of Ratification: Express (ratification is manifested in words or writing) and Implied (may take in diverse form). It also enumerate the requisites of ratification. While Art. 1394 provides the diverse form in Implied Ratification. This article discussed that a contract entered into by an incapacitated person may be ratified by a guardian and injured party himself provided he is already incapacitated. Art 1395 means ratification does not require the conformity of the contracting party who has no right to bring the action for annulment. Art. 1397 provides the requisites to bring an action for annulment. It also emphasize that the stranger has no legal capacity to challenge the validity of a contract. As a general rule of Art. 1398, if the contract is annulled, the parties must restore to each other. If the obligation is Real, the mutual restitution will be (1) return the subject matter with fruits, (2) price the legal interest if the subject matter will no longer feasible. If the obligation is Personal, you can return the value of service. Art. 1399 is the exception of the general rule under Art. 1398 which is an incapacitated person is not obliged to restore what he had received unless he benefited. The Art. 1400 is the effect of loss of the thing with and without fault of the debtor. While Art. 1401 provides the extinguishment of action for annulment. Article 1402 emphasized that when a contract is annulled, a reciprocal obligation of restitution is created. Now, we're in Chapter 8 Unenforceable Contracts. Article 1403-1404 provides the meaning of unenforceable contract which means cannot be enforced or given effect in a court of law unless they are ratified. There three (3) kinds of unenforceable contracts shown in this article. It also enumerated the Fundamentals Principles relative to the statute of frauds. In Art. 1405 there 2 modes of ratification under the statute (1) by failure to object to the prestation of oral evidence to prove the contract and; (2) by acceptance of benefits under the contract. The Art. 1406 describes the right of a party where contract is enforceable. While Art. 1407 pertains when unenforceable contract becomes a voidable contract. Last Article under Chapter 8 is Art. 1408, it emphasized that unenforceable contracts can not be assailed by third person. This ends the summarization. Thank you and God Bless Atty!
Evangelista, Shane G. 1BSA-A Here are some of my takeaways in this video lecture; The video lecture is about the voidable and unenforceable contracts. Voidable or annullable contracts is a valid contract but one of the parties is incapable of giving consent, or consent is vitiated by mistake, violence, intimidation, undue influence or fraud. Voidable contracts are enforceable between parties unless annulled by proper action in court by the injured party. Unenforceable contracts are valid but cannot be enforced or given effect in a court of law or sued upon by reason of certain defects provided by law until and unless they are ratified according to law. But once these defective contracts are ratified, they become absolutely valid and can no longer be annulled. Ratification cleanses contracts from all the defects from the moment it was constituted. The contract thus become valid , hence the action to annul is extinguished. Thank you!
Castillo, Rikka Marie B. 1BSA-A PNC Chapter 7 - Voidable Contracts Article 1390 - Voidable or annullable contract is a contract where in one of the contracting parties cannot give consent. A voidable contract is still valid contract unless annulled by a proper action in court. Article 1391 - This article gives the timeline where on of the contracting parties can file the action for annulment. Article 1392 - Ratification is an act where in a past contract that has no consent, one of the parties will voluntarily adopts or approve some defective act or contract. Ratification will extinguish the action to annul a voidable contract. Article 1393 - Kinds of Ratification. (1) Express - ratification is manifested in oral or writing; (2) Implied or tacit- ratification takes in diverse forms. This article also gives the requisites of ratification Article 1394 - This article names the person who can ratify a voidable contract. (1) when a contract is entered by an incapacitated person, the contract may be ratified by his guardian or the injured party himself provided that he is already capacitated. (2) The party whose consent is vitiated. Article 1395 - Consent of the guilty party is not needed to file for ratification. Article 1396 - This article that ratification has a retroactive effect in which it makes the contract valid and cured from the beginning. Article 1397 - This article gives the requisites to bring an action for annulment. It also states that a stranger has no legal capacity to challenge the validity of contract. Article 1398 - once the contract has been annulled, both parties must return whatever they have received from the contract. Article 1399 - This article is an exception to Article 1398 where parties must return what they have received from the contract. Incapacitated person is not obliged to return what he has received unless he benefited from it. Article 1400 - This article is about the returning of the loss thing. If the thing is lost without the fault of the debtor, the obligation is extinguished. If it is lost through the fault of the debtor, he has to pay the indemnity for damages, fruits and interest. Article 1401 - This article is about the extinguishment of action for annulment. Article 1402 - Annulment cannot take place if one of the contracting parties cannot return what he is bound to return. Chapter 8 - Unenforceable contract Article 1403 - Unenforceable contract are the contract that cannot be enforced unless ratified. Article 1405 - Modes of ratification under the Statute. Article 1406 - This gives a right of a party to compel the other to put the contract in a public document Article 1407 - Unenforceable Contract is a contract where both parties cannot give consent. Article 1408 - A third person cannot question the unenforceable contract. Thank you for the video, Atty!
Roble, Ramilyn M. 1BSA-A Pamantasan ng Cabuyao Good day, Atty. Here are my takeaways from the video lecture. Chapter 7 - VOIDABLE CONTRACTS Article 1390 - It states that a contract is voidable if the person in the contract is incapable of giving consent and if there is a mistake, violence, intimidation, undue influence, or fraud. Thus, it is still valid until it was annulled by the proper court. Article 1391 - The action in the annulment of the contract shall take action at the time intimidation, violence, or undue influence ceases. If there is a mistake or fraud the action shall take place at the time of discovery. However, if it is about minors or another incapacitated person, the annulment shall take place at the time the guardianship has ceased. Article 1392 - It talks about the ratification wherein it extinguishes the annulment of voidable contracts. It means that if one voluntarily approved a contract even if it is defective or unauthorized, the contract will still be valid. Article 1393 - Ratification can either be express or implied suggested that requisites of each kind were followed. The requisites for implied ratification are (1) Knowledge of the reason for the contract to be voidable, (2) Reasons must have ceased, and (3) The Injured party must have executed an act that implies waiver. While the requisites for the express ratification are the same with implied except that the former has effected expressly. Article 1394 - The contract that was entered by the incapacitated person can be ratified by their guardian or the injured party himself provided that he became capacitated. Article 1395 - The consent of the guilty party is not needed for the ratification to exist. Article 1396 - The ratification can retroact a contract. It means that a defect in the contract cleanses it from the moment it was constituted. Article 1397 - It states that for the annulment to bring into action, it needs that a plaintiff has an interest in the contract and the victim asserts the same. The article also states that a third person has no legal capacity to the validity of the contract. Article 1398- 1399 - It talks about when the contract was annulled, the parties must return the subject matter with its fruits, the price with legal interest, and the damages in the base of the value of service. However, the incapacitated person was not obliged to restore what he received unless he benefited from it. Article 1400 - If the thing to return was lost without the fault of the debtor, the obligation is extinguished. However, if it is with the fault of the debtor, the person is obliged to return the fruits and the price of the thing lost with interest. Article 1401 - The action for annulment will be extinguished if the things were lost with the fault of the plaintiff's and if the right of action was based upon the incapacity of one of the contracting parties. Article 1402 - It states that the obligation of the parties was reciprocated if, in the annulment of the contract, one party does not return what he is bound to return. CHAPTER 8 - UNENFORCEABLE CONTRACTS Article 1403 -1404 - It talks about the unenforceable contract which means a contract cannot be validated if it is not enforced by the court. There are kinds of unenforceable contracts (1) Those who entered in the name of another by one without authority, (2) Those who do not comply with the Statute Frauds, and (3) Those where both parties are incapable of giving. A statute fraud is a guard to prevent fraud and a mistake by requiring that the agreement was in the form of writing. Its fundamental principles are (1) It is not applicable in actions that are neither for damages because of a violation of a contract, (2) Applicable only to completely executory contract with no performance has yet been made by both parties, (3) Not applicable where the contract was failed to expressed or implied its existence, (4) Not applicable where writing does express the true agreement of the parties, (5) Does not declare that the contract is void but merely unenforceable, (6) Defense of Statute of Fraud may be waived, and (7) Defense of Statute of Fraud is personal to the parties and cannot be interposed by strangers to the contract. It also required agreements: 1. Agreements not to be performed within one year from the making thereof. 2. Promise to answer for the debt, default, or miscarriage of another. 3. Agreement in consideration of marriage other than a mutual promise to marry. 4. Agreements for the sale of goods, etc. at price not less than P500.00. 5. Agreements for leasing for a longer period than one year. 6. Agreements for the sale of real property or an interest therein. 7. Representation as to the credit of a third person. Article 1405 - It tackles the modes of ratification under the statute of fraud by failure to object to the presentation of oral evidence to prove the contract and by acceptance of benefits under the contract. Article 1406 - It states that if the sale was in the form of oral, they may still put it in the public document for registration. However, if its donation it cannot be executed in a public document. Article 1407 - The contract is not unenforceable if it was given consent by two incapable persons. However, if it was ratified by the guardian it becomes voidable. And if the two parties ratified the contract, it becomes valid. Article 1408 - It states that an unenforceable contract cannot be questioned by a third person or stranger. Thank you, Atty. for the video lecture.
Rivera, Rianne Vernice C. 1BSA-B Pamantasan Ng Cabuyao Here are my takeaways from this video lecture. Article 1390 - Voidable or annullable contracts are still valid contracts. However, it is biteable or annullable when one of the parties is not giving consent or has done something like fraud, intimidation, violence, undue influence, or mistake. Article 1391. States that the vices are enumerated which are intimidation, violence, undue influence, mistake and fraud, minors, and another incapacitated person. Article 1392 - This defines ratification which means when one voluntarily adopts or approves some defective or unauthorized act or contract without his approval or consent. Article 1393. Gives the two kinds of Ratification which are express and implied. Express if ratification is manifested in words or writing, and implied if may take in diverse forms. It also gives the 3 requisites of implied ratification. Article 1394- Guardians have the power to contract on their behalf, therefore, they may also ratify contracts entered into by their wards. Article 1395- Ratification is a unilateral act by which a party waives the defect in his consent. Article 1396. This pertains to the effect of the ratification of the contract. Retroactive makes the contract valid from its inception subject to the prior rights of third persons. Article 1397. This states that the requisites to bring an action for annulment: Plaintiff must have an interest in the contract and the victim must assert the same. It also stated that a third person/stranger has no legal capacity to challenge the validity of a contract. Article 1398. This talks about the duty of mutual restitution. General rule: If the contract is annulled, the parties must restore to each other. Article 1399 - It is an exception to the general rule. An incapacitated person is not obliged to restore what he had received unless he benefited. But the other contracting parties are still bound to return what he had received, whether he was benefited or not. Article 1400 is about the effect of loss of things t be returned. If the thing is lost without the fault of the debtor, the obligation is extinguished. However, if the thing is lost through his fault, the obligation is not extinguished but is converted into an indemnity for damages plus its fruits and interest. Article 1405 - There are two modes of ratification under the Statue of Fraud. 1. by failure to object to the presentation of oral evidence to prove the contract and; 2. by acceptance of benefits under the contract Article 1406 - In an oral sale of real property, a party can compel to out the contract in a public document for the purpose of registration. But, in a donation of real property when it is a private instrument, one party cannot compel the other to execute a public document because the donation is void. Article 1407 - The contract is unenforceable when both parties are incapable of giving consent. If the parent or guardian of either party ratifies the contract, it becomes voidable. The contract will be valid when both parties consider ratification. Article 1408 - A third person cannot question the unenforceability of the contract. Thank you, Atty.
Melendrez, Ella Grace G. 1BSA-A Below is the summary of my learnings. CHAPTER 7 - VOIDABLE CONTRACTS Article 1390. Voidable or annullable contracts refers to a valid contract but one of the parties is incapable of giving consent by fraud, intimidation, violence, undue influence, or mistake. Article 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. Article 1392. Ratification is when one voluntarily adopts or approves some defective or unauthorized act or contract, without his approval or consent, would not be binding on him. Article 1393. Ratification can be expressed or implied. Article 1393. Implied ratification has two requisites. (1) There must be knowledge of the reason which renders the contract voidable. (2) Such reasons must have ceased. (3) The injured party must have executed an act which implies waiver. Express ratification is the same except that it is affected expressly. Article 1394. Contracts entered into by an incapacitated person may be ratified by a guardian or the injured party himself when he became capacitated. Article 1395. The consent or conformity of the guilty party to ratification is not required because ratification is unilateral. Article 1396. If a voidable contract is ratified, there is retroactive effect. Article 1397. A third person has no legal capacity to challenge the validity of a contract. Also, the guilty party cannot ask for annulment. Article 1398. As a general rule, if the contract is annulled then the parties must restore to each other. Article 1399. There is an exception that an incapacitated person is not obliged to restore what he had received unless he benefited. Article 1400. If the loss of the thing is without the fault of the debtor, obligation is extinguished. On the other hand, if it is with the debtor’s fault then he must pay indemnity for damages plus its fruits and interest. Article 1401. Action for Annulment is extinguished when (1) the thing is lost through the plaintiff’s fault or fraud (2) right of action is based upon the incapacity of one of the contracting parties. Article 1402. When a contract is annulled, a reciprocal obligation of restitution is created. CHAPTER 8 - UNENFORCEABLE CONTRACTS Article 1403 - 1404. Unenforceable contracts are contracts that cannot be enforced or given effect in court of law or sued upon by a reason of certain defects provided by law until and unless they are ratified. Moreover, there are three kinds of unenforceable contracts: (1) Those entered into the name of another by one without authority or unauthorized contract. (2) Those that do not comply with the Statute of Frauds. (3) Those where both parties are incapable of giving. Article 1405. Statute of Fraud is ratified (1) by failure to the presentation of oral evidence to prove the contract (2) by acceptance of benefits under the contract. Article 1406. A party to an oral sale of real property can now compel the other to put the contract in a public document for the purpose of registration. Article 1407. The contract is unenforceable when both parties are incapable of giving consent. Article 1408. Stranger cannot question the unenforceability of the contract since the benefit of Statute can only be claimed by one who is a party to the oral contract. Thank you, Atty. for the video lecture.
Melendrez, Jonalyn C. 1BSA-B Good day Atty. Here are some of my takeaways from this video lecture: Chapter 7 Voidable Contracts and Chapter 8 Unenforceable Contracts are covered in this video. •Article 1390 defines voidable contracts in which one of the parties is incapable of providing consent or agreement is simply nullified by FIVUM, despite the fact that the contract meets all of the fundamental requirements of a legal contract. On the other hand, annulment is a remedy provided by law. •The action for annulment must be launched within four years, according to Article 1391. •Article 1392 covers ratification, which indicates that if a person freely accepts or authorizes an improper act or contract, it is not obligatory on him. As a result, ratification puts an end to the act to nullify a voidable contract. •The kinds and requisites of ratification is discussed in Article 1393. •Article 1394 pertains with who has the authority to ratify. Ratification is said to be done by the incapacitated person's guardian. •Ratification does not imply the compliance of the contractual party who has no cause of redress for annulment, according to Article 1395. •The consequence of ratification, according to Article 1396, is to make the contract binding from the start, pursuant to the rights of third parties. •Article 1397 defines who is eligible to pursue a partial annulment case. Someone who is not a party to a contract has no legal standing to question the contract's validity. •Article 1398 refers to the general rule whenever a contract is annulled, the parties must return the subject matter with its fruits, as well as the costs incurred with lawful interest, with each other. •Article 1399 is an exception to the previous article's general rule. According to this article, an incapacitated person is only obligated to fulfill restitution to the amount that he benefited from the object or payment he obtained. •The effect of the loss of the thing to be returned is discussed in Article 1400 wherein either a person is still obliged to make restitution with damages or not. •The extinguishment of annulment is dealt with here in Article 1401. If the plaintiff's fault or fraud caused the loss, the action for annulment will be extinguished. •In Article 1402, a reciprocal obligation of restitution is created whenever a contract is annuled. •Unenforceable contracts are ones that cannot be executed or accepted in a court of law unless they are ratified per the law, according to Article 1403. •Article 1404 represents unauthorized contracts. •Article 1405 pertains to the modes of ratification under the Statute. •The right of a party where a contract is enforceable under the statute of frauds is described in Article 1406. •Article 1407 shows how an unenforceable contract becomes a voidable contract through the ratification of party's guardian. •Third parties cannot question unenforceable contracts, according to Article 1408. Thank you for this video lecture Atty.
Tenorio, Jeane Antonette E. 1BSA−B Pamantasan ng Cabuyao Here are my notes from this video: Article 1390 Voidable or annullable contract is a valid contract but one o the parties is incapable of giving consent, or consent is vitiated by fraud, intimidation, violence, undue influence, or mistake. Annulment is a remedy by law for the declaration of the inefficacy of a contract based on a defect or vice of consent in order to restore them to their original position as when the contract was executed. Article 1391 Period for filing annulment In case 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. In case of contracts entered into by minors or incapacitated persons, from the time the guardianship ceases. Article 1392. Ratification extinguishes the action to annul a voidable contract. Ratification means that one voluntarily adopts or approves some defective or unauthorized act or contract, without his approval or consent, would not be binding on him. It cleanses the contract from all its defects from the moment it was constituted. Article 1393 Kinds of ratification 1. Express- when the ratification is manifested in words or in writing. 2. Implied or tacit- may take in diverse forms. Diverse forms in implied ratification: 1. By silence or acquiesces 2. By acts showing adaptation or approval of the contract 3. By acceptance and retention of benefits flowing there from Requisites of implied ratification: 1. There must be knowledge of the reason which renders the contract voidable 2. Such reason mut have ceased 3. The injured party must have executed an act which implies waiver. Express ratification has the same requisites except that it is effected expressly. Article 1394. Ratification may be effected by the guardian of the incapacitated person. Who may ratify? 1. Guardian 2. Injured party himself provided he is already capacitated Article 1395. Ratification does not require the conformity of the contracting party who has no right to bring the action for annulment. The consent or conformity of the guilty party to ratification is not required because ratification is unilateral. Article 1396. Ratification cleanses the contract from all its defects from the moment it was constituted. Effect of ratification Retroactive- it makes the contract valid form its inception subject to the prior rights of third persons. Article 1397 Requisites to bring an action for annulment 1. Plaintiff must have an interest in the contract 2. Victim must assert the same A third person/stranger has no legal capacity to challenge the validity of contract. Also the guilty party cannot ask for annulment because of the principle that he who comes to court must come with clean hands. Article 1398 As a general rule, if the contract is annulled, the parties must restore to each other. If the obligation is real, you must return the subject matter with fruits, or you have to return the price with legal interest. If the obligation is personal, you must return the value of the service, it is the basis for damages. Article 1399. An incapacitated person is not obliged to restore what he had received unless he benefited. Although the other contracting party is still bound to return what he had received, whether he was benefited or not. Article 1400 Effect of loss of thing to be returned 1. If the thing to be returned is lost without the fault of the person obliged to make restitution, there is no more obligation to return such thing. 2. If it is lost through his fault, his obligation is not extinguished but is converted into an indemnity for damages. Article 1401 Extinguishment of action for annulment 1. Thing is lost through the plaintiff’s fault or fraud 2. Right of action as based upon the incapacity of one of the contracting parties. Article 1402 Effect where a party cannot restore what he is bound to return When a contract is annulled, reciprocal obligation of restitution is created. There will be no annulment if a party cannot restore what he is bound to return; even loss is due to fortuitous event. Article 1403 Unenforceable contracts cannot be enforced or given effect in a court of law or sued upon by reason of certain defects provided by law until they are ratified. Kinds of unenforceable contracts 1. Those entered into the name of another by one without authority or unauthorized contract. 2. Those that do not comply with the statute frauds 3. Those where both parties are incapable of giving Statute of frauds are enacted only to prevent fraud but also to guard against the mistake of honest men by requiring that a certain agreement must be in writing. Fundamental principles of statute of frauds 1. It is not applicable in actions which are neither for damages because of violation of a contract 2. Applicable only to completely executory contract where no performance has yet made by both parties. 3. Not applicable where the contract is admitted expressly or implied by the failure to deny specifically its existence 4. Not applicable where a writing does express the true agreement of the parties 5. Does not declare that the contract is void but merely unenforceable 6. Defense of the statute of fraud may be waived 7. Defense of the statute of fraud is personal to the parties cannot be interposed by strangers to the contract Agreement within the scope of the statute of frauds 1. Agreement not to be performed within one year the making thereof 2. Promise to answer for the debt, default, or miscarriage of another 3. Agreement in consideration of marriage other than mutual promise to marry 4. Agreement for sale of goods at price not less than Php500.00 5. Agreement for leasing for a longer period of time than one year 6. Agreement for the sale of real property or of an interest therein 7. Representation as to the credit of a third person Article 1405 Modes of ratification under the statute of frauds 1. By failure to object to the presentation of oral evidence to prove the contract 2. By acceptance of benefits under the contract Article 1406 Right of a party where contract enforceable A party to an oral sale of real property can now compel the other to put the contract in a public document for purpose of registration The right of one party to have the other execute a public document is not available in a donation of realty when it is a private instrument because the donation is void Article 1407 Where both parties are incapable of giving consent, the contract then is unenforceable. However, if the parent or guardian, as the case may be, of either party, ratifies the contract it becomes voidable. If ratification is made by both parties, the contract is then valid. Article 1408. Unenforceable contracts cannot be assailed by third persons. Stranger cannot question the unenforceability of the contract since the benefit of statute can only be claimed by one who is a party to the oral contract.
Claris M Paligar 1BSA-A This is some of my take aways and notes about this chapter. Article 1390. The following contracts are voidable or annullable, even though there may have been no damage to the contracting parties Article 1391. The action for annulment shall be brought within four years. Article 1392. Ratification extinguishes the action to annul a voidable contract. Confirmation Ratification Acknowledgment Article 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. Article 1394. Ratification may be effected by the guardian of the incapacitated person. Article 1395. Ratification does not require the conformity of the contracting party who has no right to bring the action for annulment. Article 1396. Ratification cleanses the contract from all its defects from the moment it was constituted. Article 1397. The action for the annulment of contracts may be instituted by all who are thereby obliged principally or subsidiarily. However, persons who are capable cannot allege the incapacity of those with whom they contracted; nor can those who exerted intimidation, violence, or undue influence, or employed fraud, or caused mistake base their action upon these flaws of the contract. Article 1398. An obligation having been annulled, the contracting parties shall restore to each other the things which have been the subject matter of the contract, with their fruits, and the price with its interest, except in cases provided by law. Article 1399. When the defect of the contract consists in the incapacity of one of the parties, the incapacitated person is not obliged to make any restitution except insofar as he has been benefited by the thing or price received by him. Article 1400. Whenever the person obliged by the decree of annulment to return the thing can not do so because it has been lost through his fault, he shall return the fruits received and the value of the thing at the time of the loss, with interest from the same date. Article 1402. As long as one of the contracting parties does not restore what in virtue of the decree of annulment he is bound to return, the other cannot be compelled to comply with what is incumbent upon him.
Quiom, Christine B. 1BSA-B Pamantasan ng Cabuyao Good day Atty. The following is a summary of what I learned in this lecture. Article 1390 refers to voidable contract. It is valid but consent is vitiated by FIVUM or fraud, intimidation, violence, undue influence or mistake. Article 1391 provides when period will begin in filing an action for annulment in case of different vices. Period start in case of; * Intimidation, Violence, Undue influence- when defect ceases * Mistake, Fraud- time of discovery * Minors, Others- time guardianship ceases Article 1392 states that ratification cleanses the contract from all its defects because one party voluntarily adopts the contracts defectivity. Article 1393 gives the 2 kinds of ratification. It may be express or implied. The requisites of implied ratification are awareness of reason why contract became voidable, this reason must have ceased and injured party implies waiver. It has the same requisites for express ratification. Article 1394 refers to who may ratify a contract entered by incapacitated person. These are guardian and injured party who is already capacitated. Article 1395-1396 states that ratification is unilateral act and its effect is retroactive. Article 1397 relates to the principle "He who comes to court must come with clean hands" means guilty party is not qualified to ask for annulment. Only plaintiff or victim must assert. Article 1398 gives the general rule that if the parties must restore to each other(mutual restitution) when contract is annulled. Article 1399 states the exception to the general rule that incapacitated person is not obliged to restore unless benefited while the other party is bound to its obligation to return even if he's benefited or not. Article 1400 is about loss of the thing and its effect. If without debtor's fault, obligation is extinguished. Conversely, if with debtor's fault, the effect is indemnification plus fruits/interest. Article 1401 indicates extinguishment of action for annulment. This is thing lost through plaintiff fault/fraud and right of action based upon incapacity of one party. Article 1402 states that annulment of contract arises to mutual restitution. However, if a party cannot restore, annulment is not a remedy. Article 1403-1404 is about unenforceable contracts. These are contract which cannot be enforced because of defects unless ratified. Statutes of fraud- prevent fraud and mistake by requiring certain written agreements. Contracts can be: *executory- in preparation of another contract. *executed- accomplish/performed. One of the fundamental principle of statute of fraud is that contract must be completely executory meaning no performance has yet been made. Article 1405 pertains to modes of ratification under statute of fraud. It is by failure to object to testimonial evidence and by acceptance of benefits under the contract. Article 1406 is about sale of real property which must be in a public instrument/document for purpose of registration. Article 1407 provides the status of contract if; * one party incapable - voidable * both parties are incapable- uneforceable * both parties ratified- valid. Article 1408 states that unenforceable contracts cannot be question by a third person. Thank you Atty.
Azagra, Mark Johndave A. 1 BSA-B PNC Goodmorning Atty. Here are the summary of what i've learned on this discussion. ARTICLE 1390 • Discuss if contracts are voidable or annullable, even though there may have been no damage to the contracting parties: ✓Those where one of the parties is incapable of giving consent to a contract.✓Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud. ARTICLE 1391 • Discuss 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. ARTICLE 1392 • Ratification extinguishes the action to annul a voidable contract. 1.Confirmation. 2. Ratification. 3. Acknowledgement. ARTICLE 1393 • Discuss the act of curing the defect of lack or excess of authority of the party who entered into the contract through another without the latter's authorization. It covers voidable contracts, and specifically refers to unenforceable contracts. ARTICLE 1394 • Discuss the ratification may be effected by the guardian of the incapacitated person. The guardians however may ratify the defective contract in their behalf. ... If the incapacitated person becomes capacitated, they themselves may ratify their defective contract. ARTICLE 1395 • Discuss ratification does not require the conformity of the contracting party who has no right to bring the action for annulment. ARTICLE 1396 • Discuss ratification cleanses the contract from all its defects from the moment it was constituted. ARTICLE 1397 • Discuss the action for the annulment of contracts may be instituted by all who are thereby obliged principally or subsidiarily. However, persons who are capable cannot allege the incapacity of those with whom they contracted; nor can those who exerted intimidation, violence, or undue influence, or employed fraud, or caused mistake base their action upon these flaws of the contract. • PARTY ENTITLED TO BRING AN ACTION TO ANNUL. ARTICLE 1398 • Discuss that an obligation having been annulled, the contracting parties shall restore to each other the things which have been the subject matter of the contract, with their fruits, and the price with its interest, except in cases provided by law. ARTICLE 1399 • Discuss when the defect of the contract consists in the incapacity of one of the parties, the incapacitated person is not obliged to make any restitution except insofar as he has been benefited by the thing or price received by him. ARTICLE 1400 •Discuss whenever the person obliged by the decree of annulment to return the thing cannot do so because it has been lost through his fault, he shall return the fruits received and the value of the thing at the same time of the loss, with interest from the same date. ARTICLE 1401 • Discuss the action for annulment of contracts shall be extinguished when the thing which is the object thereof is lost through the fraud or fault of the person who has a right to institute the proceedings. ARTICLE 1402 • Discuss that as long as one of the contracting parties does not restore what in virtue of the decree of annulment he is bound to return, the other cannot be compelled to comply with what is incumbent upon him. ARTICLE 1403 • Discuss the "Statute of Frauds" defined requires that certain contracts be in writing, and that they be signed by all parties to be bound by the contract. Contracts for the sale of an interest in land. Contracts by the executor of a will to pay a debt of the estate with his own money. ARTICLE 1404 • Discuss unauthorized contracts shall be governed by article 1317 and the principles of agency in Title X of this Book. No one may contract in the name of another without being authorized by the latter, or unless by law or right to represent him. ARTICLE 1405 • Discuss the contracts infringing the Statute of Frauds, referred to in No. 2 of article 1403, are ratified by the failure to object to the presentation of oral evidence to prove the same, or by the acceptance of benefit under them. ARTICLE 1406 • Discuss when a contract is enforceable under the Statute of Frauds, and a public document is necessary for its registration in the Registry of Deeds, the parties may avail themselves. ARTICLE 1407 • Discuss that in a contract where both parties are incapable of giving consent, express or implied ratification by the parent, or guardian, as the case may be, of one of the contracting parties shall give the contract the same effect as if only one of them were incapacitated. ARTICLE 1408 • Unenforceable contracts cannot be assailed by third persons. 1. Strangers Cannot Assail 2. Unenforceable Contracts Thank you Atty. and Godbless
Rivas, Krisha Eunice G. 1BSA-A Pamantasan ng Cabuyao Good day Attorney, here are my takeaways on this video. Chapter 7 ( Voidable Contracts) Article 1390- voidable or annullable contracts are those which possess all the essential requisites of a valid contract but one of the parties is incapable of giving consent, or consent is vitiated by mistake , violence , intimidation , undue influence , or fraud. There Are two kinds of voidable contracts; legal incapacity to give consent when done by mistake , violence , intimidation , and you influence , or fraud. Annulment is a remedy provided by law , reason of public interest , for the declaration of the inefficacy of a contract based on a defect or b in the consent of one of the contracting parties in order to the restore then to their original condition in which they were before the contract was executed. Article 1391- the four-year period for bring an action for annulment of a voidable contract is reckoned: in cases of intimidation , violence , for undue influence , from the time the intimidation , etc... ceases. And mistake or fraud , from the time it is discovered. Article 1392- ratification means that one voluntarily adapt or approve some defective or a motorized acts on contract. It cleanses from its defects from the moment it was constituted. Article 1393- express and implied are the two kinds of ratification. There must be manage of the reason which renders the contract voidable; such reason must have ceased; and the injured party must have executed an act which necessarily implies an intention to waive his right. Article 1394- the guardian or the injured party in self provided he is already capacitated, they may ratified a contract entered into by an incapacitated person. Article 1395- the consent of the guilty party is not required it's conformity because he has no right to bring the action for annulment. Article 1396- ratification cleanses the contract of all its defects from the moment it was executed. Article 1397- strangers are without right or personality to bring the action for they are not obliged by the contract. Article 1398- if the contract is annulled , the parties , as a general rule , must restore to each other. Article 1399- this provision is an exception to the general rule of mutual restitution under the preceding article. Article 1400- there will be no more obligation to return such thing when it lost without the fault of the person obliged to make restitution and if it is lost through his fault the obligation is not extinguished but converted into an indemnity for damages. Article 1401- the action for annulment shall be extinguished only if the loss is through the fault of bad of the plaintiff. Article 1402- there will be no announcement of the party cannot restore what he is bound to return. Chapter 8 ( Unenforceable Contracts) Article 1403- unenforceable contracts are those that cannot be enforced or given effect in a court of law or sued upon by a reason on certain defects provided by law until and unless they are ratified according to law . Article 1404- an authorized contract are governed by article 1317. Article 1405- the statute of frauds may be effective in two ways: 1) by failure to object to the presentation of oral evidence to prove the contract 2) by acceptance of benefits under the contract. Article 1406- there must be a valid agreement and agreement must not infringe the statute of frauds. Article 1407- by both parties to a contract are incapable of giving consent , the contract is unenforceable. Article 1408- strangers to avoidable contract cannot bring an action to annul the same, they cannot question a contract because of its unenforceability. Thank you.
Azada, Leonardo Daniel T. 1BSA-A PnC Good day Atty. Here are my key takeaways from this video lecture, Voidable Contract, and Unenforceable Contracts. Article 1390: Voidable contract refers to a valid contract but one of the parties is incapable of giving consent, or consent is initiated by fraud, intimidation, violence, undue influence, or mistake. Article 1391: This article only applies to the parties in the contract, and if the complainant failed to pursue action within the prescribed period of law, then the contract could be extinguished. Article 1392: This article talks about ratification and this is when one voluntarily adopts or approves some defective or unauthorized act or contract, without his approval or consent, would not be binding on him. Article 1393: There are two kinds of ratification, first is express, and second is implied. Article 1394: The diverse forms in implied ratification are by silence or acquiesces, by acts showing adaptation or approval of the contract, and by acceptance and retention of benefits flowing therefrom. Article 1395: This article states that the consent or conformity of the guilty party to ratification is not required because ratification is unilateral. Article 1396: If the voidable contract is ratified, then there will be a retroactive effect. Article 1397: Requisites to bring an action for annulment are, the plaintiff must have an interest in the contract and the aggrieved party must assert the same. Article 1398: The general rule states that if the contract is annulled, the parties must restore to each other. Article 1399: An incapacitated person is not obliged to restore what he had received unless he benefited. Article 1400: If the loss of the thing is not the fault of the debtor, then the obligation would be extinguished if it's the debtor's fault the treatment would be paying indemnity for damages plus its fruits and interest. Article 1401: If the thing is lost through the plaintiff's fault or fraud, then the extinguishment of action for annulment could be enforced. Article 1402: This article states that when a contract is annulled, reciprocal obligation of restitution is created. Article 1403 - 1404: Unenforceable contracts cannot be enforced or given effect in a court of law or sued upon reason of certain defects provided by law until and unless they are ratified. Statute of frauds enacted only to prevent fraud but also to guard against the mistake of honest men by requiring that certain agreements must be in writing. Article 1405: By failure to object to the presentation of oral evidence to prove the contract and by acceptance of benefits under the contract are the listed modes of ratification under the statute of fraud. Article 1406: This article states that the right of one party to have the other execute a public document is not available in a donation of realty when it is in a private instrument because the donation is void. Article 1407: This article states that when both parties are incapable of giving consent, the contract then is unenforceable. Article 1408: Stranger cannot question the in enforceability of the contract since the benefit of statute can only be claimed by one who is a party to the oral contract.
Capillo, Aiberlyn C. IBSA-A PNC Good day atty! Some of the notes I have taken from this video are as follows: Chapter 7: Voidable Contracts Article 1390- Voidable contracts are valid and binding between the parties unless annulled by a proper action in court by the injured party. Article 1391- Action for annulment shall be brought within four years. Article 1392- Ratification cleanses the contract from all of its defects from the moment it was constituted therefore, the contract becomes valid. Article 1393- Ratification may be express ( when it is manifested in words or writing) or implied/tacit ( acts showing adoption or approval of contract). Article 1394- Guardians have the power to contract on their behalf, therefore, they may also ratify contracts entered into by their wards. Article 1395- Ratification is unilateral act by which a party waives the defect in his consent. Article 1396- Ratification cleanses the contract from all of its defects from the moment it was executed, therefore, it also extinguishes the right of action to annul. Article 1397- Two requisites that are required to confer the necessary capacity to bring an action for annulment of a contract: The plaintiff must have an interest in the contract and the victim and not the party responsible for the defect is the person who must assert the same. Article 1398- The purpose of the annulment is to restore the parties to their original situation by mutual restitution. Article 1399- An incapacitated person is obliged to make restitution only to the extent that he was benefited by the thing, or the price received by him. Article 1400- If the thing to be returned is lost without the fault of the defendant, there is no more obligation to return such thing. If the loss is through his fault, obligation is not extinguish but is converted into an indemnity for damages. Article 1401- Action for annulment shall be extinguished only if the loss is through the fault or fraud of the plaintiff. Article 1402- There will be no annulment if the party cannot restore what he is bound to return even if the loss of the thing to be restore is due to a fortuitous event. Chapter 8: Unenforceable Contracts Article 1403- Unenforceable contracts are those that cannot be enforced in a court of law by reason of certain defects provided by law unless they are ratified according to law. Article 1405- Contracts infringing the Statute of Frauds are ratified by the failure to object to the presentation of oral evidence to prove the same, or by the acceptance of benefits under them. Article 1406- When contract is enforceable under the Statute of Frauds, and the public document is necessary for its registration in the Registry of Deeds, the parties may avail themselves of the right under article 1357. Article 1407- If both parties to a contract are incapable of giving consent, the contract is unenforceable however, if the ratification is made by the parents or guardians of both parties, the contract is validated, and its validity retroacts to the time it was entered into. Article 1408- Strangers to a voidable contract cannot bring action to annul neither assail the contract because of its unenforceability. Thank you Atty.
Agdefa, Cristine Bernadette Y. 1BSA-B Good Day, Atty.! Here are my key takeaways on this video tutorial regarding voidable and unenforceable contracts. The first article in this video tutorial gave the meaning of voidable contracts which those contracts that are valid until annulled. Consent in this type of contract is vitiated by fraud, intimidation, violence, undue influence, or mistake. The action for annulment was discussed in the next article, which must be launched within four years. Article 1392 states that if a person freely accepts or authorizes an improper act or in simple term ratifies it ends the act of nullifying a voidable contact. The kinds of the ratification and the requisites for it was discussed in Article 1393. The question of who has the authority to approve is dealt in Article 1394. Ratification is said to be performed by the incapacitated person's guardian. Because ratification is unilateral according to article 1395, it does not necessitate the conformity of the contracting parties, who have no right to institute an action for annulment. Moreover, according to Article 1396, ratification absolves the contract of any flaws from the moment it was formed. And, ratification has a retroactive effect. Moving on to the requisites for bringing an action for annulment which are laid out in Article 1397. That same article also further emphasizes that a stranger has no legal standing to question a contract's legitimacy. And when a contract is annulled, as a general rule, the parties must return the subject matter with its fruits, as well as the costs incurred with lawful interest, to each other, according to Article 1398. However, the exception to this general rule was set forth in article 1399 in which according to this article, a disabled person is solely responsible for restitution to the extent that he benefited from the object or payment he received. Article 1400 discusses the effect of the loss of the thing to be returned, and whether or not a person is still obligated to make restitution with damages. While Article 1401 described the extinguishment of an action for annulment, which can be things lost due to the plantiff's fault/ fraud or the right of action is founded on the incapacity of one of the contracting parties. And, article 1402 explained that the contract's annulment will result in reciprocal restitution, however if one party fails to return what is owed to them there’s no annulment will occur. Moving on to the unenforceable contracts or those cannot be executed or sued in a court of law unless they are ratified (Article 1403). In article 1404, one kind of unenforceable contract was discussed which is the unauthorized contracts. Unauthorized contracts are contracts entered in the name of another by one without authority. The modes of ratification under the status of frauds are described in Article 1405. Furthermore, unless the transaction is a charity, article 1406 specifies that sales made orally may still be required to be recorded in a public document for registration. Article 1407 reaffirmed that consent granted by two incapable persons is not unenforceable, but it becomes voidable once the guardian approves it. It will also be valid if the contract is ratified by both parties. And the last article tackled in this video states that an unenforceable contract cannot be challenged by a third party. Thats all and thank you for this video lecture, Atty.!
Olaivar, Jayvee D.
1BSA-A
Pamantasan ng Cabuyao
Chapter 7: Voidable Contracts (Article 1380-1402)
Voidable contracts are lawful contracts in which one party is unable to assent or consent has been tainted by fraud, intimidation, violence, undue influence, or mistake. Unless properly canceled in court, voidable contracts are enforceable. Law provides an annulment as a remedy. It's a statement of contract ineffectiveness due to a flaw. When the threat of intimidation, violence or undue influence ends, the action for contract cancellation will begin. If a mistake or fraud is discovered, action must be taken as soon as possible. When it comes to children or other handicapped people, however, the annulment must occur when the guardianship ends. Ratification is defined as one who willingly accepts or approves any faulty or unlawful conduct or contract, which would not be binding on him without his permission or assent. It purges the contract of any flaws from the moment it is formed. Express ratification takes the form of a written document, whereas implicit or tacit ratification might take the form of silence or actions. This clause also lays forth the conditions for implied and express ratification. Reason must come to a halt, and the injured individual must have committed an act that obviates his right to sue. The requirements for express ratification are the same as for regular ratification, except that it is express. The incapable person's contract can be confirmed by their guardian or the injured party himself, supposing that he has been capacitated. The guilty party's consent is not required for ratification to take place. A contract can be retroactively ratified. It indicates that a contract's flaw cleanses it from the minute it was formed. (1) The plaintiff must have an interest in the contract, and (2) the victims must allege the same to initiate an action for annulment. A third party does not have the legal authority to contest the contract's legality. Furthermore, a guilty party cannot seek an annulment, and there is a rule that whoever enters must do so with clean hands. The parties shall restore the subject matter with its fruits, the price with lawful interest, and the damages based on the value of service when the contract is canceled. The disabled individual, on the other hand, was not required to restore what he had received unless he had profited from it. When a contract is terminated, reciprocal restitution is established. Note that if one of the parties cannot restore the item he is obligated to return it, even if the loss is due to an unforeseen occurrence, there is no annulment.
Chapter 8: Voidable Contracts (Article 1403-1408)
Unenforceable contracts are those that cannot be enforced or given effect in court of law or sued upon by reason of certain defects. There are kinds of contracts, those entered into the name of another by one without, or acting in excess, of authority, those that do not comply with the Stature of Frauds, those where both parties are incapable of giving. Statute of Fraud is enacted only to prevent fraud but also to guard against the mistake of honest men by requiring that certain agreements must be in writing. Unauthorized Contracts are those that entered into in the name of another person by one who has been given no authority of legal representation. Article 1406 says that there must be a valid agreement and the agreement must not infringe the Statue of Frauds. Article 1408 is where both parties to a contract are incapable of giving consent, the contract is unenforceable however, if the parent or guardian of either party or one of the parties after attaining, or regaining capacity, ratifies the contracts, it becomes voidable. Article 1408 says that unenforceable contracts cannot be assailed by third person.
Alyanna Cepe
Pamantasan ng Cabuyao
1 BSA-A
Here are my takeaways in this video:
This video talks about voidable or annullable contracts wherein those are valid contracts but one of the parties are incapable of giving consent or consent is vitiated by the vices. The vices of consent are fraud, intimidation, violence, undue influence and mistake. I learned the word 'ratification' and its kinds. It is the agreement to adopt an act performed by another and it is either expressed or implied. There are diverse forms on implied ratification with its requisites. I also learned that ratification is unilateral and its effect is retroactive. If the contract is annulled, reciprocal obligation of restitution is created. It means that the parties must returned what they have received and an incapacitated person is not obliged to restore what he had received unless he benefited. If a party cannot restore what he is bound to return, there will be no annulment of contract even if there is a loss due to fortuitous event.
This video also talks about unenforceable contracts wherein those cannot be enforced or given effect in court of law or sued upon by reason of certain defects unless they are ratified. There are kinds of unenforceable contracts and there is what we call 'Statute of Frauds'. It is enacted only to prevent fraud and to guard against the mistake of honest men so it is required that certain agreements must be in writing. I learned about the fundamental principles of Statute of Fraud, the agreement within the scope of Statue of Frauds, and the modes of ratification under Statute of Frauds. On the other hand, in an oral sale of real property, a party may compel that other to put the contract in a public document for registration, but it is not applicable to donation of realty in a private instrument. If both parties are incapable of giving consent, the contract is unenforceable but if ratification is made by both of them, it is valid. If ratification was made by the parent or guardian of both parties, the contract is voidable. Lastly, stranger cannot question the unenforceability of a contract because the benefit of Statute is only to those parties in an oral contract.
Ramos, Olivia Melissa P.
1 BSA - A
Pamantasan ng Cabuyao
Good day, Atty! The following is a description of my comprehension of the lesson as aided by the video you supplied.
Voidable contracts are lawful contracts in which one party is unable to assent or consent has been tainted by fraud, intimidation, violence, undue influence, or mistake. Unless properly canceled in court, voidable contracts are enforceable. Law provides an annulment as a remedy. It's a statement of contract ineffectiveness due to a flaw. When the threat of intimidation, violence or undue influence ends, the action for contract cancellation will begin. If a mistake or fraud is discovered, action must be taken as soon as possible. When it comes to children or other handicapped people, however, the annulment must occur when the guardianship ends. Ratification is defined as one who willingly accepts or approves any faulty or unlawful conduct or contract, which would not be binding on him without his permission or assent. It purges the contract of any flaws from the moment it is formed. Express ratification takes the form of a written document, whereas implicit or tacit ratification might take the form of silence or actions. This clause also lays forth the conditions for implied and express ratification. Reason must come to a halt, and the injured individual must have committed an act that obviates his right to sue. The requirements for express ratification are the same as for regular ratification, except that it is express. The incapable person's contract can be confirmed by their guardian or the injured party himself, supposing that he has been capacitated. The guilty party's consent is not required for ratification to take place. A contract can be retroactively ratified. It indicates that a contract's flaw cleanses it from the minute it was formed. (1) The plaintiff must have an interest in the contract, and (2) the victims must allege the same to initiate an action for annulment. A third party does not have the legal authority to contest the contract's legality. Furthermore, a guilty party cannot seek an annulment, and there is a rule that whoever enters must do so with clean hands. The parties shall restore the subject matter with its fruits, the price with lawful interest, and the damages based on the value of service when the contract is canceled. The disabled individual, on the other hand, was not required to restore what he had received unless he had profited from it. When a contract is terminated, reciprocal restitution is established. Note that if one of the parties cannot restore the item he is obligated to return it, even if the loss is due to an unforeseen occurrence, there is no annulment. The fraud statute was intended to prevent fraud and honest folks from making mistakes. It stipulates that the agreement is in writing. Under the Fraud Statute, there are two ways to ratify an agreement. These include (1) failing to oppose the presentation of oral evidence to prove the contract and (2) accepting contract advantages. A legal agreement must exist, and it must not violate the statute of fraud. When both parties to a contract are unable to provide their assent, the deal is void. The contract's unenforceability cannot be questioned by a third party or stranger.
Thank you for the video presentation, Atty
Yaldua, Justine Mae B.
1BSA-A
Other than rescissible contracts, there are voidable contracts, unenforceable contracts, and void or inexistent contracts that are also considered as defective contracts. Voidable contracts are valid until annulled unless they are ratified. Ratification is done expressly or tacitly, when one voluntarily approve some defective or unauthorized act or contract and cleanse from all its defects therefore it becomes valid. It has retroactive effect. Ratification can only be done by guardian if incapacitated, injured party himself if capacitated, and the party whose consent is vitiated. Consent of guilty party is not required in ratification. There are also requisites for ratification. A contract can be annulled (annulment is the remedy provided by law for declaration of inefficacy of contract) if the incapacitated person give consent, or if there is a violation of contract wherein there is mistake, violence, intimidation, undue influence, or fraud is being done. Action for annulment shall be brought within four (4) years. It shall begin from time defect of consent ceases (when there is intimidation, violence or undue influence), or from the discovery of mistake or fraud, or from time the guardianship ceases (if the contract is entered by incapacitated person). The plaintiff that have interest in contract and the victim are the persons entitled to annul a voidable contract. Mutual restitution is the effect of annulment except incapacitated persons wherein if he is not benefited, he is not obliged to restore what he received but the other party is still obliged. If the thing to be returned is lost through his fault, indemnity for damages with fruits and interest is required. If it is lost without his fault, no obligation to return, but still compelled to receive what he has given to other party. A party cannot annul a voidable contract if he cannot restore what he is bound to return even loss of thing is due to fortuitous event.
In chapter 8, unenforceable contracts are also valid but cannot be enforced unless they are ratified. It is unenforceable if a contract entered into name of another without his authority, or if it do not comply with statute of frauds, or if both parties are incapable of giving. There are cases wherein unenforceable contracts can become a voidable contract or can become a valid contract.
Thank you for this video lecture atty. and Godbless!
Goodmorning Atty. I am Jhennie Pontiga from 3C2 BSCRIMINOLOGY, here to comment those key poinst that I clearly understand on what you have been dicussed.
Effects of the waiver of the right to appear by the accuse
When the accused waived his right to appear during trial. It is also equivalent to a waiver to present evidence.
The prosecution can present evidence despite the absence of the accused as long as there has been arraignment.
(The case will continue even if the accused is not present or known as trial in absentia.)
Accused's refusal to testify
General Rule
The silence of the accused should not be used against him
Exception
When the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence and if the defense of the accused is alibi and does not testify, the interference is that the alibi is not believable.
Scope of the right against self-incrimination
General Rule
The right covers only testimonial compulsion and not the compulsion to produce real and physical evidence using the body of the accused.
Self-incrimination the accused may not be compelled to testify against himself.
The right against self-incrimination includes only testimonial evidence.
Purpose of the right against self-incrimination
-The State will not use its coercive powers from extracting from the suspect testimony that may convict him.
Waiver of right of the accused against self-incrimination
If the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before this answer then such right can be waived.
Confrontation
The accused has the right to confront witnesses face to face.
The accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf.
Rule regarding the testimony of a witness who dies or becomes unavailable
If the other party had the opportunity to cross-examine the witness before he died or became unavailable, the testimony may be used as evidence
If there is no opportunity to conduct cross-examination before the death or unavailability of the witness then the testimony will have no probative value.
Right to compulsory process
This are the accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence. .
Note;
If a witness refuses to testify when he is required, the court should order the witness to give bail or order his arrest.
Facts to be considered to determine whether the right to speedy trial has been violated
Length of the delay
Reason for the delay
The accused assertion or non-assertion of the right
Prejudice to the accused resulting from the delay
Denial of right to speedy trial a ground for dismissal
The case against the detained accused may be dismissed on ground of denial of the right to speedy trial in the event of failure to observe the time limits.
Trial by Publicity
The right of the accused to a fair trial is not incompatible with free press.
Rights of the person under custodial investigation Custodial Investigation
It is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner.
Note;
Invitation to a person who is in connection with an offense he is suspected to have committed, without prejudice to die liability of the inviting officer for any violation of law.
*Rights of the persons under custodial investigation
Reason for the arrest and he must be shown the warrant of arrest;
He must be warned that he has a right to remained silent and that any statement he makes may be used as evidence against him;
He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice;
He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him;
That whether or not the person arrested he must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made;
The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer;
He must be informed that he has the right to waive of any said rights;
If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel.
He must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned.
Importance of the right to counsel in custodial investigation
Is so vital that under existing law, in the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can only be detained by the investigating officer in accordance with the provision of Art. 25 of the RPC.
That's all thankyouu
Danica Leene Gabarda
1BSA-A
Pamantasan ng Cabuyao
Good day Atty. Reyes! These are my takeaways in your discussion.
Chapter 7: Voidable contracts
Article 1390 states the contracts that are voidable or annullable even though there may have been no damage to the contracting parties which is (1) Those where one of the parties is incapable of givinh consent to a contract and (2) Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud.
Article 1391 states that action for annulment shall be brought within 4 years.
This period shall begin:
1. Intimidation, violence or undue influence- the time the defect of the consent cease
2.Mistake or fraud - time of the discovery of the same
3.contracts entered into by minors or incapacitated persons- time the guardian ceases
Article 1392 states that ratification extinguishes the action to annul a voidable contract
Article 1393 discusses the 2 kinds of ratification which is the (1)express and (2)implied. Three diverse forms in implied ratification :(1) by silence or acquiesces, (2) by acts showing adaptation or approval of the contract and (3) by acceptance and retention of benefits flowing therefrom.
Article 1394 states that ratification may be effected by the guardian of the incapacitated person.
Article 1395 states that ratification does not require the conformitt of the contracting parties who has no right to bring action for annulment because ratification is unilateral.
Article 1396 states that ratification cleanses the contract from all its defects from the moment it was constituted. Retroactive is the effect of ratification.
Article 1397 states the requisites to bring an action for annulment which is (1) plaintiff must have an interest in the contract and (2) victim must assert the same. A third person or a stranger has no legal capacity to challenge the validity of a contract.
Article 1398 states the general rule that if the contract is annulled, the parties must restore to each other.
Article 1399 states the exception to the general rule that an incapacitated petson is not obliged to restore what he had received unless he benefited.
Article 1400 states that if the person obliged by the decree of annulment to return the thing cannot do so because it has been lost through his fault, he shall return the fruits received and the value of the thing at the time of the loss, with the interest of the same date.
Article 1401 states that the action for annulment shall be extinguished if the thing is lost thtough fraud or fault of the person who has the right to institute the proceedings.
Article 1402 states that there will be no annulment if a party cannot restore what he is bound to return, even if loss is due to fortuitous event.
Chapter 8: Unenforceable contracts
Article 1403-1404 discusses the definition of unenforceable contracts, kinds of unenforceable contracts, meaning of statute of frauds, fundamental principles of statute of frauds, agreements within the scope of the statute of frauds.
Article 1405 discusses the modes of ratification under the statute of frauds.
Article 1406 talks about the sale of real property which must be in a public document for registration purposes.
Article 1407 states that the contract is enforceable if both oarties are incapable of giving consent.
Article 1408 states tgat unenforceable contracts cannot be assailed by third persons.
Arlantico, Mary Rose C.
1 BSA-A
Pamantasan ng Cabuyao
Good day Atty. Thank you for the video lecture. These are my takeaways from the video lecture
Article 1390, talks about the voidable or annullable contracts which refers to a valid contract but one of the contracting parties is incapable of giving consent or consent which can be in the form of fraud, intimidation, violence, undue influence, or mistake. On the other hand, annulment refers to a remedy which provided by law for the declaration of the inefficacy of a contract based on a defect.
Article 1391, refers to the different vices or defect of a consent. Vices which are includes intimidation, violence, undue influence, mistake or when the party to a contract is a minor or other incapacitated persons. The beginning period for the intimidation, violence, and undue influence will commence when the defect ceases. If there is mistake and fraud, the running of the prescriptive period is from the time of discovery. If the vices are on the part of the minor and other incapacitated persons, the commencement of the beginning period will be on the time that the guardianship ceases to exist.
Article 1392, defines ratification, there will be a ratification if there is one person voluntarily adopts or approves some defective contract, without his approval or consent, would not be binding on him. Ratification cleanses the contract from all its defects from the moment it was constituted.
Article 1393, refers to the two kinds of ratification. It can either be express or implied. Express ratification is when it is manifested in writing or in words, on the other hand, implied ratification may take in diverse forms. There are three requisites of an implied ratification, (1) there must be knowledge of the reason which renders the contract voidable, (2) reason must have ceased, and (3) injured party must have executed an act which implies waiver. The requisites of implied ratification are the same to the requisites of express ratification except that if it is effected expressly.
Article 1394, refers to the person who may ratify a contract which entered by an incapacitated person. Guardian or injured party himself provided if he is already capacitated.
Article 1395, talks about the ratification of the consent of the guilty party is not required. Because ratification is unilateral.
Article 1396, refers to the effect of ratification which is the retroactive effect that makes a contract valid from its inception subject to the prior rights of third persons.
Article 1397, gives the requisites to bring an action for annulment, (1) plaintiff must have an interest in the contract and (2) victim must assert the same. Under this article also states that a third person has no legal capacity to challenge the validity of a contract along with a guilty party who cannot ask for annulment.
Article 1398, states the general rule, which refers to a contract being annulled then the parties must restore to each other. In real obligation, parties must restore the subject matter with fruits along with the price of interest. On the other hand, in a personal obligation, the basis for damages is the value of the service.
Article 1399, refers to the exception to the general rule in art.1398. If an incapacitated person is not obliged to restore what he had received unless he benefited.
Article 1400, refers to the effect of the things lost with and without the fault of the debtor. Obligation is extinguished when the thing is lost without the fault of the debtor. On the other hand, if the thing is lost due to the fault of the debtor, he will pay an indemnity for damages plus its fruits and interest.
Article 1401, refers to the extinguishment of action for annulment. If a person is in fault or fraud to the loss of the thing, then there will be an extinguishment of action for annulment. And, if the right of action is used based upon the incapacity of one of the contracting parties.
Article 1402, states that once the contract is annulled, the reciprocal obligation of restitution will be created. And there will be no annulment if one of the parties cannot restore the things what he is bound to return, even if the thing is loss due to the fortuitous event.
CHAPTER 8: UNENFORCEABLE CONTRACTS
Article 1403-1404, defines unenforceable contracts as a contract which cannot be enforce or given an effect in a court of law because of the reason of certain defects provided by law until and unless they are ratified. There are three kinds of unenforceable contracts, (1) those contracts who entered into the name of another person without authority or if the contract is unauthorized, (2) those who do not comply with the Statute of Fraud, and (3) those contracts in where both of the parties are not capable of giving.
Under article 1403-1404 also defines the Statute of Frauds which is enacted only to prevent fraud but also to guard against the mistake of honest men by requiring that certain agreements must be in writing. It also states the different fundamental principles of Statute of Fraud. (1) it is not applicable in action which are neither for damages because of a violation of a contract, (2) applicable only to completely executory contract where no performance has yet been made by both parties, (3) not applicable where the contract is admitted expressly or impliedly by the failure to deny specifically its existence, (4) not applicable where a writing does express the true agreement of the parties, (5) does not declare that the contract is void but merely unenforceable, (6) defense of the Statute of Fraud may be waived and (7) defense of the Statute of Fraud is personal to the parties and cannot be inter.
Under this article also refers to the different agreements within the scope of the Statute of Frauds, (1) agreement not to be performed within one year the making thereof, (2) promise to answer for the debt, default, or miscarriage of another, (3) agreement in consideration of marriage other than mutual promise to marry, (4) agreement for sale of goods at price not less than P500.00, (5) agreement for leasing for a longer period than one year, (6) agreement for the sale of real property or of an interest therein, and (7) representation as to the credit of a third person.
Article 1405, refers to the modes of ratification under the Statute of Frauds, it can be by the failure to object to the presentation of oral evidence to prove the contract or by the acceptance of benefits under the contract.
Article 1406, states that when a sale was in the form of formal the party can now compel the other to put the contract in a public document for purpose of registration. However, if the donation of reality is in a private instrument, the right of one party to have the other execute a public document is not available because donation is invalid or void.
Article 1407, refers to the contract which is unenforceable if both of the parties are incapable of giving consent, but if one of the parents or guardians who ratifies the contract then it becomes voidable. On the other if both of the parties made the ratification then the contract is valid.
Article 1408, refers to the third person or stranger who cannot question the unenforceability of a contracts. Only the binding parties have the right to question the unenforceability of a contracts.
Thank you for the video lecture, Atty. God Bless po.
Gento, Janella Ann M.
1BSA-B
(PNC)
Article 1390 is about Voidable or Annullable contracts and it is valid but one of the parties is incapable of giving consent or consent is being vitiated by fraud, intimidation, violence, undue influence, or mistake. Annulment is a remedy provided by law, for reason of public interest, for the declaration of inefficacy of a contract based on the defect in consent of one contracting parties. Article 1391 talks about the requisites needed for Annulment be filed, first is the time that intimidation, violence, or undue influence, second is the time mistake or fraud is discovered, and lastly is the time the guardianship pf minors or incapacitated persons ceases. Article 1392 is about ratification and it is that one voluntarily adopts approve some defective or authorized act or contract which, without his approval or consent. Article 1393 talks about the requisites for ratification. Article 1395 says that ratification is unilateral and consent or conformity of the guilty party to ratification is not required. Article 1396 is that ratification cleanses the contract from all its defects from the moment it was constituted. Article 1397 is about a third person/stranger has no legal capacity to challenge the validly of a contract and the Principle says that he who comes to court must come with clean hands that’s why guilty party cannot ask for annulment of contract. Article 1398 says that if the contract is annulled, the parties must restore each other the subject matter of the contracts with its fruits, the price with legal interest and value of service with damages. Article 1399 is an exception that an incapacitated person is not obliged to restore what he had received unless he benefited but the other contracting party is still bound to return what he had received. Article 1400 is whenever the person obliged to return the things and it has been lost through his fault, he shall pay for indemnity for damages plus its fruits and interest and when lost without his fault, the obligation is extinguished. Article 1402 says that when a contract is annulled, reciprocal obligation of restitution is created and there will be no annulment if a party cannot restore what he is bound to return.
Article 1403 and Article 1404 talks about the Unenforceable contracts. Unenforceable contracts are those that cannot be enforced or given effect in court of law or sued upon by reason of certain defects. There are kinds of contracts, those entered into the name of another by one without, or acting in excess, of authority, those that do not comply with the Stature of Frauds, those where both parties are incapable of giving. Statute of Fraud is enacted only to prevent fraud but also to guard against the mistake of honest men by requiring that certain agreements must be in writing. Unauthorized Contracts are those that entered into in the name of another person by one who has been given no authority of legal representation. Article 1406 says that there must be a valid agreement and the agreement must not infringe the Statue of Frauds. Article 1408 is where both parties to a contract are incapable of giving consent, the contract is unenforceable however, if the parent or guardian of either party or one of the parties after attaining, or regaining capacity, ratifies the contracts, it becomes voidable. Article 1408 says that unenforceable contracts cannot be assailed by third person.
Jerwin Pagela | 1BSA-A (PNC)
Good Day Attorney! Here are my key takeaways from this lesson.
Chapter 7: Voidable Contracts
Article 1390 - Voidable or annullable contracts are still valid contracts. However it is biteable or annullable when one of the parties is not giving consent or has done something like fraud, intimidation, violence,undue influence or mistake.
Article 1391 - there are different bases or defect of consent namely intimidation,violence, undue influence, mistake, fraud, minors and other incapacitated persons. The beginning . For the first three vices or when the defect ceases. For mistake and fraud is from the time of discovery. And the last two vices is from the time the guardianship ceases.
Article 1392 - this article defines ratification which means when one voluntarily adopts or approves some deffective or unauthorized act or contract without his approval or consent.
Article 1393 - There are two kinds of ratification. First is express, this is the kind that can be manifested in oral or in written form. Implied on the other hand, is the one that may take in diverse forms. In here also discusses the requisites of implied ratification.
Article 1394 - Diverse Forms in Implied Ratification: (1) By silence or acquiesces, (2) By acts showing adaptation or approval of the contract and (3) By acceptance and retention of benefits flowing therefrom. A guardian or an injured party himself,provided he is already capacitated, may ratify a contract.
Article 1395 - When ratification is occurred,the guilty party or the person who's not experiencing incapacity is not required to give consent or the conformity for the ratification to be valid. It is because ratification is unilateral.
Article 1396 - An effect of ratification is retroactive. It makes a voidable contract to a valid contract up to the start, from its inception subject to the prior rise of third persons.
Article 1397 - to bring an action for annulment and here are the requisites needed: (1) plaintiff must have an interest in the contract and (2) the victim must assert the same.
Article 1398 - The parties must restore to each other if the contract is annulled.
Article 1399 - There is an exception for the article above. Unless benefited, an incapacitated person is not obliged to restore what he had received.
Article 1400 - In this article the effects of when the loss of the thing happens is discussed. If it is without the fault of the debtor the obligation is extinguished. However, if it is with the fault of the debtor he shall pay indemnity for damages plus its fruits and interest.
Article 1401 - When the thing is lost through the plaintiff fault or fraud or the right of action is based upon them capacity of one of the contracting parties, it will result to the extinguishment of action for annulment.
Article 1402 - Reciprocal obligation of restitution is created when a contract is annulled.Also, there will be no annulment if a party cannot restore what he is bound to return even if it is lost due to fortuitous event.
Chapter 8:Unenforceable Contracts
Article 1403-1404 - Unenforceable contracts are contracts that cannot be enforced or given effect by reason of certain defects provided by law until and unless they are ratified. There are also 3 kinds of unenforceable contracts.
Statute of fraud is enacted to avoid fraud and avoid mistakes of honest men. It is requiring the agreement to be in written form.
Fundamental Principles of Statute of Fraud:
1. It is not applicable in actions which are neither for damages because of a violation of a contract.
2. Applicable only to completely executor oregon track where no performance as yet been made by both parties.
3. Not applicable where the contract is admitted expressly or impliedly by the failure to deny specifically its existence.
4. Not applicable where a writing does express the true agreement of the parties.
5. Does not declared that the contract is void but merely unenforceable.
6. Defense of the statute of fraud may be waived.
7. Defense of the statute of fraud is personal to the parties and cannot be interposed by strangers to the contract.
Agreement within the scope of the statute of frauds:
1. Agreement not to be performed within one year the making thereof.
2. Promise to answer for the debt, default, or miscarriage of another.
3. Agreement in consideration of marriage other than that will promise to marry.
4. Agreement for sale of goods at priced at less than 500 pesos.
5. Agreement for leasing for a longer period than 1 year.
6. Agreement for the sale of real property or of an interest therein.
7. Representation as to the credit of a third person.
Article 1405 - There are two modes of ratification under the Statue of Fraud. These are (1) by failure to object to the presentation of oral evidence to prove the contract and (2) by acceptance of benefits under the contract
Article 1406 - In an oral sale of real property,a party can compel to out the contract in a public document for the purpose of registration.But,in a donation of real property when it is a private instrument, one party cannot compel the other to execute a public document because the donation is void.
Article 1407 - The contract is unenforceable when both parties are incapable of giving consent.If the parent or guardian of either party ratifies the contract,it becomes voidable.The contract will be valid when both parties consider ratification.
Article 1408 - A third person cannot question the unenforceability of the contract.
Abion, Francine Joyce P.
1BSA-B
Pamantasan ng Cabuyao
Good day, Atty. Here are my takeaways from the video discussion.
For Chapter 7, Voidable Contracts, I learned that even if the contract is valid, it is voidable if it is bearing from vitiation of consent or through what we called FIVUM: fraud, intimidation, violence, undue influence, or mistake. For this, annulment is a remedy. It restores the contract's original position due to the inefficiency because of the vices of FIVUM. There is also ratification or when the contracting party approves the unauthorized contract without consent. In other words, ratification cleanses all the defects of the contract. A party can ratify through words or writing and implied. I've always noticed that minors can neither enter into nor ratify contracts, so they require a guardian. I've also taken note in Article 1397 that a concerned or third person cannot challenge the validity of a contract or annulment of a voidable contract because he is not the minor's legal guardian. Annulment creates a reciprocal obligation of restitution. In addition, the exception of mutual restitution is that an incapacitated person is not obliged to restore what he had received. Ratification causes a retroactive effect or making the contract valid or cured of its defect from the beginning. In Articles 1400-1401, the loss of the thing without the debtor's fault extinguishes the obligation. But when the loss is through his fault like fraud, he is liable for damages, and it cancels action for annulment.
For Chapter 8, another defective contract is an Unenforceable Contract. Statute of fraud is a requisite of an unenforceable contract with objectives to prevent fraud and mistakes about the agreements. It is only applicable to a completely executory contract (in preparation for another contract). Statute of fraud may get waived once there is a failure of testimonial or oral evidence. The contract is also unenforceable when both of the contracting parties are incapable of giving consent. When one party is incapable of giving consent, it is voidable. But when both of them are incapable, the contract is unenforceable.
Thank you again for this video lecture, Atty. Have a good day, Sir.
Marjes, Kimberly Yrah R.
1BSA-B
Another defective contracts is the voidable or annullable contracts which are a valid contract until annulled. The consent of one of the parties in this kind of contract are suffering from vitiation of consent whereby annulment is the remedy given by law to declare th inefficacy of their contract. Just like the rescissible contract, voidable contracts consist of 4 years prescriptive period which commence to run depending on the beginning period due to different vices. The parties involved in voidable contracts are given the right to imply or expressly ratify which will cleanse and approved the defect or unauthorized act once waived. Moreover, under 1394, the guardian and the injured party himself are allowed by law to ratify a voidable contract. If the voidable contract is ratified, the defect in the contract is cured from the moment the beginning. However, only the aggrieved party are allowed to ask for annulment as well as, a third person are not given a legal capacity to challenge the validity of contract. Once the contract is annulled, parties must restore to each other which gives an exception to an incapacitated person who's not obliged to restore what he had received unless he benefited.
Moreover, unenforceable contract is another kind of defective contracts. It is an contract which may not be enforced or cannot be given effect in law by reason of certain effects provided by law unless they are ratified. Unauthorized contracts, contracts that does not comply with statute of fraud and contracts that involved two parties incapable of giving consent are the type of defects that render a contract unenforceable. A statute of fraud are ratified by a failure to object to the prestation of oral evidence to prove the contract and by acceptance of the benefits under the contract. However, in the case of both parties are incapable of giving consent, if the guardian of either party ratifies the contract it becomes voidable, but when the guardian of both parties ratifies the contract in render the contract valid and enforceable. Now, third person cannot question the unenforceability of a contract since the benefit of statute can only be claimed by one who is a party to the oral contract.
Thank you again Atty. for the video lecture.
Pedrigosa, Patricia Jhoana R.
1BSA-B
Good day atty.
These are my takeaways from this video lecture :
Article 1390, voidable or annullable contracts refers to a valid contract but one of the parties is incapable of giving consent or consent is vitiated by fraud, intimidation, violence, undue influence, or mistake.
Article 1391 says that the action for annulment shall be brought within four years.
Article 1392 define stratification where one voluntarily adopt or approves some defective or unauthorized act or contract, without his approval or consent would not be binding on him.
Article 1393 provides the kinds of classification which are the expressed and implied. When we say express, this is when the ratification is manifested in words or in writing while implies may take in diverse forms.
Article 1394 says that when we say diverse forms in implied ratification, this is by silence or acquiesces, by acts of showing adoption or approval of the contract, and by acceptance and retention of benefits flowing there from.
Article 1395, the consent or conformity of the quality party to ratification is not required because the ratification is unilateral.
Article 1396 gives the effect of ratification. First is the retroactive, eat me contract valid from its inception subject to the prior rights of third persons.
Article 1397 gives the requisites to bring an action for annulment.
1. Plaintiff must have an interest in the contract.
2. Victim must assert the same.
Article 1398 has the general rule "If the contract is annulled, the parties must restore to each other".
Article 1399 provides its exception: an incapacitated person is not obliged to restore what he had received unless he benefited.
Article 1400 says that the obligation is extinguished if the loss of the thing is without the fault of the debtor. On the other hand, if the loss of the thing is with the fault of the debtor, he should pay indemnity for damages plus its fruits and interest.
Article 1401 provides the extinguishment of action annulment.
a. Thing is lost through the plantff's fault or fraud.
b. Right of action as based upon the incapacity of one of the contracting parties.
Article 1402 says that when a contract is annulled, reciprocal obligation of restitution is created.
Article 1403-1404 gives the definition of enforceable contract. This cannot be enforced or given effect in a court of law or sued upon by reason of certain defects provided by law until and unless they are ratified.
Article 1405 provides the modes of ratification under the statute of frauds:
1. By failure to object to the presentation of oral evidence to prove the contract.
2. By acceptance of benefits under the contract.
Article 1406 says that a party to an oral sale of real property can now compel the other to put the contract in a public document for purpose of registration.
Article 1407 says that when both parties are incapable of giving consent, the contract then is an enforceable.
Article 1408 says that the stranger cannot question the on enforceability of the contract since the benefit of statute can only be claimed by one who is a party to the oral contract.
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Thank you atty. :)
Gonzales, Karl Wilson M.
1 BSA - A
Pamantasan ng Cabuyao
Good day, Attorney. Here are my key takeaways for this video:
A voidable/annullable contracts are valid contracts but one of the parties is incapable of giving consent, or consent is vitiated by fraud, intimidation, violence, undue influence or mistake. Annulment is the remedy provided by law for the declaration of inefficacy of a contract based on a defect or vice of consent in order to restore the contract. There are 7 different vices provided by Article 1391: 1. Intimidation, 2. Violence, 3. Undue Influence, 4. Mistake, 5. Fraud, 6. Minors, 7. Other incapacitated persons. According to Article 1392, ratification is the one who voluntarily adopts or approves some defective act or contract, without his approval or consent, would not be binding on him and it cleanses the contract. Under Article 1393, there are two kinds of ratification: 1. Expressed, 2. Implied. Article 1394 states that ratification may be effected by the guardian of the incapacitated person. The consent or conformity of the guilty party to ratification is not required because ratification is unilateral. If a voidable contract is ratified, there can be a retroactive where it makes the contract valid from its inception subject to the prior rights of third persons. Under Article 1397, a third person or stranger has no legal capacity to challenge the validity of a contract. There is also a principle for this which says that, "He who comes to court must come with clean hands." And as a general rule: If the contract is annulled, the parties must restore to each other what they have received from the contract except when the other party is incapacitated wherein they are not obliged to restore what he had received unless he benefited. Under Article 1400, if the loss of the thing w/o the fault of the debtor, the obligation is extinguished; if with the fault of the debtor, should pay indemnity for damages plus its fruits and interest. There will also be no annulment if a party cannot restore what he is bound to return. An unenforceable contracts are contracts that cannot be enforced or given effect in court of law or sued upon by reason of certain debts provided by law until and unless they are ratified. There are also 3 kinds of unenforceable contracts: 1. Those entered into the name of another by one w/o authority; 2. Those that do not comply with statute frauds; 3. Those where both parties are incapable of giving. Statute of frauds is enacted only to prevent fraud but also to guard against the mistake of honest men. There are also agreements within the scope of statute frauds: 1. Agreement not to be performed within one year the making thereof; 2. Promise to answer for debt, default or miscarriage of another; 3. Agreement in consideration of marriage other than mutual promise to marry; 4. Agreement for sale of goods at price not less than P500.00; 5. Agreement for leasing for a longer period than one year; 6. Agreement for the sale of real property; 7. Representation as to the credit of a third person. The right also of one party to have the other execute a public document is not available in a donation of realty when it is in a private instrument because the donation is void. Article 1407 states that if both parties are incapable of giving consent, the contract then is unenforceable. But, if the parent/guardian of either party ratifies the contract, it becomes voidable. If ratification is made by both, then the contract is valid. Stranger also cannot question the unenforceability of the contract since the benefit of statute can only be claimed by one who is a party to the oral contract. Thank you!
Rodas, Mary Joy B.
1BSA-B
Pamantasan ng Cabuyao
Thank you, Atty. for this video lecture. Here's my takeaway.
Chapter 7: VOIDABLE CONTRACTS
Article 1390
Voidable or annullable contracts are those which possess all the essential requisites of valid contract but one of the parties is incapable of giving consent, or consent is vitiated by mistake, violence, intimidation, undue influence, or fraud.
Annulment is a remedy provided by law, for reason of public interest, for thee declaration of the inefficacy of a contract based on a defect.
Article 1391
The action for annulment shall be brought within four year.
Intimidation, violence, undue influence, from the time the defect of the consent ceases.
Mistake or fraud, from the time of the discovery of the same.
Minors or incapacitated persons, from the time the guardianship ceases.
Article 1392
Ratification means that one voluntarily adopts or approves some defective or unauthorized act.
Ratification cleanses the contract from all its defects from the moment it was constituted.
Article 1393
Kinds of ratification
1. Express- when the ratification is manifested in words or in writing
2. Implied or tacit- by silence or acquiescence, by acts showing adoption or approval of the contract and by acceptance and retention of benefits flowing therefrom.
Requisites of ratification
1. Implied ratification
a. there must be knowledge of the reason which renders the contract voidable
b. such reason must have ceased
c. the injured party must have executed an act which necessarily implies an intention to waive his right.
2. Express ratification- same with implied except the last effected expressly.
Article 1394
Who may ratify?
1. A contract entered into by an incapacitated person may be ratified by
a. guardian
b. the injured party himself provided he is a already capacitated.
2. In case the contract is voidable on the ground of mistake. Ratification can be made by the party whose consent is vitiated.
Article 1395
Ratification does not require the conformity of the contracting party who has no right to bring the action for annulment
Article 1396
Ratification cleanses the contract from all its defects from the moment it was constituted.
Article 1397
The action for the annulment of contracts may be instituted by all who thereby obliged principally or subsidiarily.
Requisites
1. The plaintiff must have an interest in the contract.
2. The victim and not the party responsible for the defect is the person who must assert the same.
One who is not a party to the contract has no legal capacity to challenge the validity of such contract.
The guilty party cannot ask for annulment.
Article 1398
1. (Real) If the contract is annulled, the parties, must to restore each other
a. the subject matter of the contract with its fruits
b. the price thereof with legal Interest.
2. Personal obligations, the value thereof with corresponding interest, is the basis for damage.
Article 1399
The incapacitated person is not obliged to make any restitution except insofar as he has been benefited by the thing or price received by him.
Article 1400
Whenever the person obliged by the decree of annulment to return the thing cannot do so because it has been lost through his fault, he shall return the fruits received and the value of the thing at the time of the loss, with interest from the same date.
Article 1401
The action for annulment of contracts shall be extinguished when the thing which is the object thereof is lost through the fraud or fault of the person who has a right to institute the proceedings.
Article 1402
As long as one of the contracting parties does not restore what in virtue of the decree of annulment, he is bound to return, the other cannot be compelled to comply with what is incumbent upon him.
Chapter 8: UNFORCEABLE CONTRACTS
Unforceable contracts- are those that cannot be enforced upon by reason certain defects provided by law until and unless they are ratified according to law.
Kinds of unforceable contracts
1. those entered into in the name of another by one without, or acting in excess of, authority
2. those that do not comply with the Statute of Fraud
3. those where both parties are incapable of giving
Unauthorized Contracts are those entered into in the name of another person by one who has been given two authority or legal representation or who has acted beyond his powers.
Statute of Fraud has been enacted not only to prevent fraud but also to guard against the mistakes of honest men by requiring that certain agreements specified that are susceptible to fraud must be writing.
Fundamental Principle
a. Not applicable in actions which are neither for damages because of a violation of contract.
b. It is applicable only to completely executory contracts and not to contracts which are totally executed or partly executory.
c. It is not applicable where the contract is admitted expressly
d. It is applicable only to the agreements enumerated therein
e. It is not applicable where a writing does not express the true agreement of the parties.
f. It does not declare the contracts infringing it are void but merely unforceable.
g. The defense of the Statute of Frauds may be waived
h. The defense of the Statute of Frauds is personal to the parties and cannot be interposed by strangers to the contract.
Agreement within the scope of the Statute Fraud
1. Agreement not to be performed within one (1) year from the making thereof
2. Promise to answer for the debt, default, or miscarriage of another.
3. Agreement in consideration of marriage other than mutual promise to marry
4. Agreement for sale of goods, etc. at price not less than P500.00
5. Agreement for leasing for a longer period than one (1) year
6. Agreement for the sale of real property or of an interest therein
7. Representation as to the credit of a third person
Article 1405
Contracts infringing the Statute of Frauds, referred to in No. 2, article 1403, are ratified by the failure to object to the presentation of oral evidence to prove the same, or by the acceptance of benefits under them.
Article 1406
When a contract is enforceable under the Statute of Frauds, and a public document is necessary for its registration in the Registry of Deeds, the parties may avail themselves of the right under article 1357.
Article 1407
In a contract where both parties are incapable of giving consent, express or implied ratification by the parent or guardian, as the case may be of one the contracting parties shall give the contract the same effect as if only one of them were incapacitated. If ratification is made by the parents or guardians, as the case may be, of both contracting parties, the contract shall be validated from the inception.
Article 1408
Unforceable contracts can not be assailed by third persons.
Ranegel Anne R. Miranda
PNC
1 BSA - B
Hello Atty. here are my takeaways for this video lecture. I have learned about the Voidable contracts and unenforceable contracts.
Under Article 1390 is the voidable or annullable contracts which refers to a valid contract but one of the contracting parties is incapable of giving consent, or consent is vitiated by FIVUM (fraud, intimidation, violence, undue influence, or mistake). Annulment is the remedy provided by law for declaration of the inefficacy of a contract based on a defect or vice of consent in order to restore them to their original position as when the contract was executed.
In Article 1391, the beginning period of intimidation,violence, and undue influence is when the defect ceases. The beginning period of mistake and fraud is the time of discovery. The beginning period of vices (minors and other incapacitated persons) is the time the guardianship ceases.
Under Article 1392 is the Ratification which refers to one voluntarily adopts of approves some defective or unauthorized act or contract, without his approval or consent, would not be binding on him.
Under Article 1393 are the kinds of ratification: express and implied. Also under this article are the requisites of implied ratification.
In Article 1394, diverse forms in implied ratification are by silence or acquiesces, by actd showing adaptation or approval of the contract, and by acceptance and retention of benefits flowing there from.
In Article 1395, the consent or conformity of the guilty party to ratification is not required. The reason is that the ratification is unilateral.
Under Article 1396 are the effect of ratification, it may be retroactive - it makes the contract valid from its inception subject to the prior rights of third persons.
Under Article 1397 is the requisites to bring an action for a annulment: 1. Plaintiff must have an interest in the contract and 2. Victim must assert the same.
In Article 1398, if the contract is annulled, the parties must restore to each other.
The exception to the article 1398 is the Article 1399. An incapacitated person is not obliged to restore what he had received unless he benefitted.
In Article 1400, the effect of the loss of the thing without the fault of the debtor is the the obligation is extinguished. The effect is to pay indemnity for damages plus its fruits and interest when the loss of the things is with the fault of the debtor.
Under Article 1401 is the extinguishment of action for annulment: 1. Thing is lost through the plaintiff's fault or fraud and 2. The right of actions is based upon the incapacity of one of the contracting parties.
In Article 1402, when a contract is annulled, reciprocal obligation of restitution is created. There is no annulment if a party cannot restore what he is bound to return, even loss in due to fortuitous event.
In Article 1403 and Article 1404 the Unenforceable contracts is defined as contracts that cannot be enforced or given effect in a court of law or sued upon by reason ofcertaun defects provided by law until and unless they are ratified. Also under this articles are the kinds of Unenforceable contracts.balso under this articles are the statute of frauds.
In Article 1405, modes of ratification under the statute of frauds: 1. By failure to object to the presentation of oral evidence to prove thr contract and 2. By acceptance of benefits under the contract.
In Article 1406, a party to an oral sale of real property can now compel the other to put the contract in a public document for purpose of registration.
In Article 1407, when both parties are incapable of giving consent, the contract is unenforceable or voidable. If the parent or guardian of either party, ratifies the contract then it becomes voidable. If the ratification is made by both parties then the contract is valid.
Under Article 1408, a stranger cannot question the unenforceability of the contract since the benefit of statute can only be claimed by one who is a party to the oral contract.
Thank you atty.
Sahurda, Mary Lady Lou C.
1BSA-A
Pamantasan ng Cabuyao
Chapter 7 - VOIDABLE CONTRACTS
Article 1390 defined voidable contract as the person in the contract is incapable of giving consent and if there is a mistake, violence, intimidation, undue influence, or fraud. However, it is still valid until it was annulled by the court.
Article 1391 states that the period for action for annulment which is four years as general rule. Except when the time of intimidation, violence, or undue influence ceases, the action in the annulment of the contract will act. However, if there is a mistake or fraud the action shall take place at the time of discovery. If it is about minors or another incapacitated person, the annulment shall take place at the time the guardianship has ceased.
Article 1392 extinguishes the annulment of voidable contracts of ratification. If one voluntarily approved a contract even if it is defective or unauthorized, the contract will still be valid.
Article 1393 enumerated two kinds of ratification, implied and expressed. The requisites for implied ratification are
1. Knowledge of the reason for the contract to be voidable
2. Reasons must have ceased
3. Injured party must have executed an act that implies waiver
The requisites for expressed ratification are similar to implied, except that the expressed has been expressly stated.
Article 1394 allows the guardian of an incapacitated person or the injured party himself, provided that he became capacitated, for ratification.
Article 1395 speaks about unilateral act or the consent of the guilty party is not needed for ratification.
Article 1396 provides the effect of ratification which is to retroact a contract or will defect the contract cleanses it from the moment it was constituted.
Article 1397 requires the plaintiff to be interested in the contract and the victim asserts the same for the annulment to bring in action. Also, a third person has no legal capacity to the validity of the contract.
Article 1398 states the general rule that when a contract in annulled, parties must restore the things or the object of the contract including the fruit and price of interest. However, the value of service is the basis in personal obligation.
Article 1399 talks about the exception to the general rule that the incapacitated person will not be obliged to restore what he received, unless he benefited from it.
Article 1400 extinguishes the obligation if the thing to return was lost without the fault of the debtor, but the debtor is obliged to return the fruits and the price of the thing lost with interest if he, himself is at fault.
Article 1401 enumerated two possible instances in extinguishment of annulment. First, the right to annul the contract will not be given if he, himself, lost the thing. Second, the right of action was based upon the incapacity of one of the contracting parties.
Article 1402 clarified that the annulment of the contract will create reciprocal restitution, but no annulment will happen if one party does not return what is bound to return.
CHAPTER 8 - UNENFORCEABLE CONTRACTS
Article 1403 and 1404 defined unenforceable contract to be a contract that cannot be validated if it is not enforced by the court. The kinds of unenforceable contracts are:
1. Contracts entered in the name of another by one without authority
2. Those who do not comply with the Statute Frauds
3. Both parties are incapable of giving consent
A statute fraud is for the prevention fraud and a guard from making mistake by requiring that the agreement was in the form of writing. The fundamental principles are the following:
1. Not applicable in actions that are neither for damages because of a violation of a contract
2. Applicable only to completely executory contract with no performance made by both parties
3. Not applicable to contract failed to express or imply its existence
4. Not applicable where writing does not express the true agreement of the parties
5. Does not declare that the contract is void but merely unenforceable
6. Defense of Statute of Fraud may be waived
7. Defense of Statute of Fraud is personal to the parties and cannot be interposed by strangers to the contract
Required Agreements within the scope of the Statute of Frauds:
1. Agreements not to be performed within one year from the making thereof.
2. Promise to answer for the debt, default, or miscarriage of another.
3. Agreement in consideration of marriage other than a mutual promise to marry.
4. Agreements for the sale of goods, etc. at price not less than P500.00.
5. Agreements for leasing for a longer period than one year.
6. Agreements for the sale of real property or an interest therein.
7. Representation as to the credit of a third person.
Article 1405 talks about the failure to object to the presentation of oral evidence to prove the contract and the acceptance of benefits under the contract under the modes of ratification of the statute of fraud.
Article 1406 states that sales done orally may still need to put in public document for registration, unless it is a donation.
Article 1407 clarified that consent given by two incapable persons is not unenforceable, but it becomes voidable when the guardian ratifies it. And it will be valid if two parties ratified the contract.
Article 1408 emphasizes that a third person cannot question unenforceable contract.
Thank you for the video lecture, Atty. Reyes!
Pamplona, Maynalyn Y.
Pamantasan ng Cabuyao
1BSA-A
Good day, Atty.! These are the things I have learned from the video.
Chapter 7: Voidable or Annullable Contracts
Article 1390 defines the voidable or annullable contract which is it is a valid contract but one of the parties is incapable of giving consent, or consent is vitiated by fraud, intimidation, violence, undue influence, or mistake. It also defines annulment, a remedy provided by law for the declaration of the inefficacy of a contract based on a defect of the vice of consent in order to restore them in their original position. There is also a provided period for filing an action for annulment under article 1391. Intimidation, violence, and undue influence, the prescriptive will commence to run when the defect ceases. Mistakes and fraud are from the time of discovery. On the other hand, minors and other incapacitated persons will only commence to run when the time of guardianship ceases. Article 1392 discusses the ratification wherein previously there is no consent even by a party but if a party ratifies a contract then he voluntarily adapts or approves an unauthorized act of contract which binds the parties. There are kinds of ratification. First is express, when the ratification is manifested in words or writing. And, implies which may take in diverse form. Express ratification has the same requisites as implied except that it is effected expressly. The person who can ratify a contract entered by incapacitated persons is their guardian or the injured party himself provided he is already capacitated. However, the consent of conformity of the guilty party to ratification is not required under the reason that ratification is unilateral. Effect of ratification is known as retroactive meaning if the contract is ratified then the defect of a contract is cured from the beginning. In addition, if the contract is annulled, the parties must restore to each other. If the obligation is real then the mutual restitution is to return the subject matter with fruits or the price with legal interest. On the other hand, if the obligation is personal in nature then you can return the value of service as the basis for damages. However, there is an exception. An incapacitated person is not obliged to restore what he had received unless he benefitted from it. Meanwhile, the other contracting party is still bound to return what he had received regardless if he benefitted or not. In case that a thing is lost, if the loss of thing is without the fault of the debtor then the obligation is extinguished. On the contrary, if it is with the fault of the debtor then he is liable to pay indemnity for damages plus its fruits and interest.
Chapter 8: Unenforceable Contracts
Unenforceable contracts are known as contracts that cannot be enforced or given effect in a court of law or sued upon by reason of certain defects provided by law until and unless they are ratified. There are also different kinds of unenforceable contracts. (1) Those entered into the name of another by one unauthorized contract. (2) Those that do not comply with the Statute of Frauds. (3) Those where both parties are incapable of giving consent. It is also stated the fundamental principle of the Statute of Fraud and its agreement. Ratifications under the Statute of Fraud are (1) by failure to object to the presentation of oral evidence to prove the contract, and (2) by acceptance of benefits under the contract. It is also explained that a party to an oral sale of real property can now compel the other to put the contract in a public document for purpose of ratification. Under article 1407, where both parties are incapable of giving consent, the contract is then unenforceable. However, if only one party is incapable to give consent then it is considered a voidable contract. If ratification is made by both parties, the contract becomes valid. It is also said that a stranger or the person who does not involve in a contract cannot question the unenforceability of the said contract.
Thank you!
Danica May J. Pajac
1BSA-A
Pamantasan ng Cabuyao
Good Day Attorney
Here are some of my takeaways from your video lecture.
Chapter 7 Voidable Contracts
Article 1390 - In this article explains the definition of Voidable or Annullable contracts. Voidable is refer to valid contract but one of the parties is incapable of consent is vitiated by FIVUM.
Article 1391 - Prescriptive period in Intimidation, Violence and Undue Influence will commends to run when the defect ceases. In other hand when it comes in mistake or fraud the running of the prescriptive period is from the time of discovery, and when it comes to minors or other incapacitated persons the commencement of the prescriptive period will be on time that the guardianship ceases.
Article 1392 - In voidable contract there is what we call Ratification. Ratification in other words means previously there was no consent given by a party but when a party ratifies the contract he voluntarily adopts the unauthorized contract that approval of unauthorized contract will bind the party so ratify.
Article 1393 - In this article will explain the two kinds of ratification, express and implied. Express is when ratification is manifested in words or in writing, Implied may take in diverse forms meaning it has not been categorically stated but its implied by the conduct of the party.
Article 1394 - Explains the diverse forms in Implied Ratification. When a party will receive a monetary benefit flowing from the contract then that act of acceptance from that party is an act of implied ratification
Article 1395 - Consent or conformity of the guilty party to ratification is not required. Ratification is unilateral.
Article 1396 - Is about the effect of ratification. Retroactive makes the contract valid from its inception subject to the prior rights of third persons. If a voidable contract is ratified the defect in the contract is cured in the beginning.
Article 1397 - Requisites to bring an action for annulment: Plaintiff must have an interest in the contract and victim must assert the same. A third person or stranger has no legal capacity to challenge the validity of a contract only the party who suffer in an capacity or the guardian can file an action on annulment of a voidable contract.
Article 1398 - General rule : the contract is annulled, the parties must restore to each other.
Article 1399 - Exception : incapacitated person is not obliged to restore what he had received unless he benefited.
Article 1400 - Effect of the loss of the thing . Without the fault of the debtor, obligation is extinguished and with the fault of the debtor, pay indemnity for damages plus its fruits and interest.
Article 1401 - Extinguishment of action for annulment : thins of lost through the plantiffs fault or fraud and right of action us based upon the incapacity of one of the contracting parties.
Article 1402 - When a contract is annulled, reciprocal obligation of restitution is created. Even if a ground for voidable contract exist if a party is not in a precession to return what he had received then he cannot avail annulment of the contract.
Chapter 8 Unenforceable contracts
Article 1403-1404 - Unenforceable contracts cannot be enforced or given effect in a court of law or sued upon by reason of certain defects provided by law until and unless they are ratified. There are three kinds of unenforceable contracts, unauthorized contract, those do not comply with the Statue Frauds and those where both parties are incapable of giving.
Statute of Fraud is enacted to prevent fraud or mistake so that the law will require that certain agreement must be reduce in writing. Also in this article includes Fundamental principle of statute of fraud. Statute of Fraud is applicable only to completely executory contract. Executory contract is a contract in preparation of another contract.
It also required agreements:
1.Agreements not to be performed within one year from the making thereof.
2.Promise to answer for the debt, default, or miscarriage of another.
3. Agreement in consideration of marriage other than a mutual promise to marry.
4. Agreements for the sale of goods, etc. at price not less than P500.00.
5. Agreements for leasing for a longer period than one year.
6. Agreements for the sale of real property or an interest therein.
7.Representation as to the credit of a third person.
Article 1405 - About the modes of ratification under the Statute of Frauds. If you fail to object the testimonial evidence to prove the contract then you are waiving your benefit under the statute of fraud you have to timely interpulse an objection otherwise your right will be waived ,and If you have accepted benefits under the contract you also ratify the statute of fraud.
Article 1406 - A party to an oral sale of real property can now compel the other to put the contract in a public document for purpose of registration.
Article 1407- When both parties are incapable of giving consent, the contract then is unenforceable.If ratification is made by both parties, the contract is then valid.
Article 1408 - Stranger cannot question the unenforceability of the contract since the benefit of Statute can only be claimed by one who is a party to the oral contract.
Thats all my takeaways, thank you Atty.
Kian John Ace Turico
1BSA-A
Pamantasan ng Cabuyao
Good day, Atty, here are my key takeaways for video lecture Voidable and Unenforceable
Contracts.
Article 1390. Under this provision, it discusses the definition of voidable contracts, and definition of annulment. Voidable contract are valid contracts but one party is incapable of giving consent or consent is vitiated by fraud, intimidation, violence, undue influence, or mistake (FIVUM). Voidable contracts are binding unless annulled by proper action in court. Annulment is the remedy provided by law. It is declaration of inefficacy of contracts based on a defect.
Article 1391 provides the period for action for annulment which is four years as general rule. Except when there is intimidation, violence, and undue influence which time will begin when the defect ceases. If there is fraud or mistake, time will begin from time of discovery. In cases of minor and incapacitated persons, it will begin from the time guardianship ceases.
Article 1392 discusses ratification which extinguishes the action to annul a voidable contract. It one voluntarily adopts or approves some defective contract. It cleanses the contract from all the defects the moment it was constituted.
Article 1393 provides kinds of ratification which is express and implied or tacit. Express ratification means manifested in writing, while implied or tacit ratification can be silence, or by acts. This provision also provides the requisites for implied and express ratification. The requisites for implied ratification are (1) there must be knowledge of the reason which renders contract voidable. Reason must be ceases and injured party must have executed an act necessarily implies an intention to waive his right. Express ratification have the same requisites except it was express.
Article 1394 provides who may ratify contracts. Persons that can ratify a contract are guardian if incapacitated or inured party himself if capacitated.
Article 1395 said that consent of guilty party is not required in ratification. Meaning, it’s a unilateral act.
Article 1396 talks about effect of ratification. Its effect is to make the contract valid from its inception subject to the prior rights of third person. It is retroactive effect.
Article 1397 provides requisites to bring an action for annulment. First, plaintiff must have an interest in contract. Second, victim must assert the same. It is noted the third person has no legal capacity to challenge validity of contract.
Article 1398 speaks about the general rule that when a contract in annulled, parties must restore the things or the object of the contract including the fruit and price of interest. In personal obligation, the basis is the value of service.
Article 1399 is the exception to the general rule. When the defect of contract includes incapacity of one of the parties, incapacitated person is not obliged to return what he has received unless he benefited from it.
Article 1400 speaks about the effect of loss of the thing to be returned. If the thing was lost without his fault, no obligation to return the same to other party. He will not be demanded to return the thing he is bound to return. If the loss of the thing was due to his fault, he must pay for the value of the thing at the time it was lost including interest and fruits.
Article 1401 talks about extinguishment of annulment. It gives two instances. First, if the person who has right for the action lost the things, his right to have the contract annulled is extinguished. If right of action is based upon incapacity of one of the parties, the same rule applies.
Article 1402 said that once the contract is annulled, reciprocal restitution is created. Note that there is no annulment if one of the parties cannot restore the thing he is obliged to return, even loss is due to unforeseen event.
CHAPTER 8: UNENFORCEABLE CONTRACTS
Article 1403-1404 speaks about definition of unenforceable contract which means contracts that cannot be enforced or take effect because of a reason of certain defects provided by law that can only be effective if ratified. It also gives the kinds of unenforceable contracts. The kinds of unenforceable contracts are as follows:
1. Contracts entered into name of another without authority.
2. Those who do not comply with Statute Frauds.
3. Contracts where both parties are incapable of giving consent.
Statute of Frauds- enacted to prevent fraud and guard against mistake of honest men by requiring certain agreements that must be in writing. Under this are the fundamental principles:
1. Not applicable for actions which are neither for damages due to violation of contract nor specific performance.
2. Applicable only to completely executory contract, meaning no performance has been made or performed.
3. Not applicable when contract is admitted expressly or impliedly by failure to deny specifically its existence.
4. Applicable only to agreements enumerated.
5. Not applicable where writing does not express the true agreement of parties.
6. Does not declare that contracts are void but merely unenforceable.
7. Defense may be waived.
8. Statute of fraud is personal to the parties and stranger are not allowed to interpose.
Agreements within the scope of the Statute of Frauds
1. Agreement not to be performed within one year from making thereof.
2. Promise to answer for the debt, default, or miscarriage of another.
3. Agreement in consideration of marriage other than mutual promise to marry.
4. Agreement for sale of goods, etc., at price not less than Php 500
5. Agreement for leasing for a longer period than one year
6. Agreement for sale of real property or of an interest therein
7. Representation as to the credit of third person.
Article 1405 talks about mode of ratification under the Statute of fraud:
1. Failure of object to the presentation of oral evidence to prove the contract.
2. Acceptance of benefit under the contract.
Article 1406 when a contract is enforceable under statute of fraud a party to an oral sale of real property cannot compel the other to put contract in a public document for purpose of registration. Also, the right of one party to have the other execute a public document is not available in a donation of realty when it is in a private instrument because donation is void.
Article 1407 When parties are incapable of giving consent, contract is unenforceable. If only one party is giving consent, then it is not unenforceable it is void. But if guardian of either party ratifies the contract, it becomes voidable. If guardian of both parties ratifies, then it is now valid.
Article 1408 said that a stranger cannot question the unenforceability of contracts. Only the binding parties have the right to question its unenforceability or validity.
Thank you so much, Atty. for the video lecture.
Malayo, Christine B.
1BSA-A
Pamantasan ng Cabuyao
Good day Atty. After watching your video lecture and reading the book, here are my takeaways:
Article 1390 refers to those contracts that are voidable or annullable, even though there may have been no damage to the contracting parties.
Article 1391 clearly stated that the action for annulment shall be brought within four years.
Article 1392 stated that ratification extinguishes the action to annul a voidable contract.
According to Article 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)
Article 1394 expressed that Ratification may be effected by the guardian of the incapacitated person.
In Article 1395, ratification does not require the conformity of the contracting party who has no right to bring the action for annulment. (1312)
Article 1396 stated that ratification cleanses the contract from all its defects from the moment it was constituted. (1313)
Article 1397 refers to requisites to bring an action for annulment.
In Article 1398, as a general rule, if the contract is annulled, the parties must restore to each other.
Article 1399 serves as an exception to Article 1398.
Article 1400 refers to the action for annulment of contracts shall be extinguished when the thing which is the object thereof is lost through the fraud or fault of the person who has a right to institute the proceedings.
Article 1401 refers to extinguishment of Actions for Annulment.
In Article 1402 as long as one of the contracting parties does not restore what in virtue of the decree of annulment he is bound to return, the other cannot be compelled to comply with what is incumbent upon him.
Article 1403-1404 define unenforceable contracts, its kind. Also it gives the fundamental principles of statute of fraud as well as its meaning.
Article 1405 refers to modes of ratification under statute of frauds.
Article 1406 the Statute of Frauds, and a public document is necessary for its registration in the Registry of Deeds, the parties may avail themselves of the right under Article 1357.
Article 1407 clearly stated that if ratification is made by the parents or guardians, as the case ,ay be, of both contracting parties, the contract shall be validated from the inception.
Article 1408 refers to unenforceable contracts cannot be assailed by third persons.
Thank you, Atty.
Krisha Mae M. Navarro
1BSA-B
PNC
Good day, Atty. Narciso. Here are some key points that I learned upon seeing this video.
Article 1390: It gives the definition of voidable contracts and annulment. Voidable contract is a valid contract but one of the parties is incapable of giving consent, or consent is vitiated by mistake, violence, intimidation, undue influence or fraud. Annulment is a contract based on a defect or vice in the consent of one of the contracting parties in order to restore them to their original position in which they were before the contract was executed.
Article 1391: Discusses about the period for filing action for annulment. When the defect ceases in Intimidation, Violence, or Undue Influence, they might file an action for annulment. In mistake, fraud, at the time of discovery. Last, when the guardianship of minors and other incapacitated people expires.
Article 1392: Gives the definition of ratification. - means that one voluntarily adopts or approves some defective or unauthorized act or contract which, without his subsequent approval or consent, would not be binding on him. It cleanses the contract from all, its defects from the moment it was constituted The contract thus becomes valid.
Article 1393: It discusses the 2 kinds of ratification which are Express (when the ratification is manifested in words or in writing) and Implied or tacit (it may take diverse forms, such as by silence or acquiescence; by acts showing adoption or approval of the contract; or by acceptance and retention of benefits flowing therefrom.) Also, gives the requisites of ratification which are:
1. There must be knowledge of the reason which renders the contract voidable;
2. Such reason must have ceased; and
3. The injured party must have executed an act which necessarily implies an intention to waive his right.
Article 1397: Gives the requisites to bring an action for annulment which are plaintiff must have an interest in the contract and victim must assert the same.
Article 1398: In real obligation If the contract is annulled, the parties, as a general rule, must restore to each other the subject matter of the contract with his fruits and the price thereof with legal interest while in personal obligation, the value of service is the basis for damages.
Article 1340: Talks about the effect if the thing is lost. If the thing is lost without the fault of the debtor, the obligation is extinguished. If the thing is lost with the fault of the debtor, the debtor will pay indemnity for damages plus its fruits and interest.
Article 1341: If the thing is lost through the plaintiff’s fault or fraud and right of action is based upon the incapacity of one of the contracting parties, the action for annulment is extinguished.
Article 1342: When a contract is annulled, reciprocal obligation of restitution is created. There will be no annulment if a party cannot restore what he is bound to return; even loss is due to fortuitous event.
CHAPTER 8: UNENFORCEABLE CONTRACTS
Article 1343-1344: It talks about unenforceable contracts. It cannot be enforced or given effect in a court of law or sued upon by reason of certain defects provided by law until and unless they are ratified.
FUNDAMENTAL PRINCIPLES OF STATUTE OF FRAUD
1. It is not applicable in actions which are neither for damages because of a violation of a contract.
2. 3.Not applicable where the contract is admitted expressly or impliedly by the failure to deny specifically its existence.
3. 4. Not applicable where a writing does express the true agreement of the parties.
4. 5. Does not declare that the contract is void but merely unenforceable.
5. 6. Defense of the Statute of Fraud may be waived.
6. 7. Defense of the Statute of Fraud is personal to the parties and cannot be interposed by strangers to the contract.
7. Applicable only to completely executory contract where no performance has yet been made by both parties.
Article 1345: Provides the mode of ratification under the statute of frauds.
1. By failure to object to the presentation of oral evidence to prove the contract.
2. By acceptance of benefits under the contract.
Article 1347: Both parties are incapable of giving consent, the contract then is unenforceable. However, if the parent or guardian, as the case may be, of either party, ratifies the contract it becomes voidable. If ratification is made by both parties, the contract is then valid.
Article 1348: Stranger cannot question the unenforceability of the contract since the benefit of statute can only be claimed by one who is a party to the oral contract.
Thank you, Atty.
FRIAS, RAYAH
1BSA-A
Pamantasan ng Cabuyao
CHAPTER 7 - VOIDABLE CONTRACTS
ART. 1390. Voidable Contracts or Annullable Contracts - a valid contract but one of the parties is incapable of giving consent, or consent is vitiated by FIVUM.
Annulment is a remedy provided by law for declaration of the inefficacy of a contract
ART. 1391. Vices and Beginning Period of the running of the prescriptive period in the annulment of voidable contract:
Intimidation, Violence, Undue Influence - When the defect ceases
Mistake, Fraud - Time of discovery
Minors, Other incapacitated persons - Time the guardianship ceases
ART. 1392. Ratification - one voluntarily adopts or approves some defective or unauthorized act or contract, without his approval or consent, would not be binding on him.
ART. 1393. Kinds of Ratification: Express and Implied
Requisites of Implied Ratification
1. There must be knowledge of the reason which renders the contract voidable.
2. Such reason must have ceased.
The injured party must have executed an act which implies waiver.
ART. 1394. Diverse Forms in Implied Ratification
-By silence or acquiesces
-By acts showing adaptation or approval of the contract
-By acceptance and retention of benefits flowing there from
ART. 1395. The consent or conformity of the guilty party to ratification is not required.
ART. 1396. Effect of Ratification - If a voidable contract is ratified the defect of the contract is cured from the beginning or retroactively.
ART. 1397. Requisites to Bring an Action for Annulment
-Plaintiff must have an interest in the contract
-Victim must assert the same
ART. 1398 - 1399. General Rule: If the contract is annulled, the parties must restore to each other what they have received from the contract.
Exception: An incapacitated person is not obliged to restore what he had received unless he benefited. The other party is still bound to return what he had received, whether he was benefited or not.
ART. 1402. When a contract is annulled, reciprocal obligation of restitution is created.
CHAPTER 8 - UNENFORCEABLE CONTRACTS
ART. 1403 - 1404. Unenforceable Contracts - cannot be enforced or given effect in a court of law or sued upon by reason of certain defects provided by law until and unless they are ratified.
Kinds of Unenforceable Contracts
-Those who entered into the name of another by one without authority or unauthorized contract
-Those who do not comply with the Statute Frauds
-Those where both parties are incapable of giving consent
Statute of Frauds - enacted only to prevent fraud but also to guard against the mistake of honest men by requiring that certain agreements must be in writing.
Fundamental Principles of Statute of Fraud
It is not applicable in actions which are neither for damages because of a violation of a contract.
Applicable only to completely executory contract where no performance has yet been made by both parties.
Not applicable where the contact is admitted expressly or impliedly by the failure to deny specifically its existence.
Not applicable where a writing does express the true agreement of the parties.
Does not declare that the contract is void but merely unenforceable.
Defense of the Statute of Fraud may be waived.Defense of the Statute of Fraud is personal to the parties and cannot be interposed by strangers to the contract.
Kinds of Contract according to its stage or performance:
Executory Contract - contract in preparation of another contract.
Executed Contract - contract that has been accomplished or executed or performed.
Agreements within the scope of the Statute of Frauds: (required to be reduced in writing)
Agreement not to be performed w/in 1 year the making thereof.
Promise to answer for the debt, default, or miscarriage of another.
Agreement in consideration of marriage other than mutual promise to marry.
Agreement for sale of goods at price not less than 500 pesos.
Agreement for leasing for a longer period than one year.
Agreement for the sale of real property or of an interest therein.
Representation as to the credit of a 3rd person.
ART. 1405. Modes of Ratification under the Statute of Frauds:
By failure to object to the presentation of oral evidence to prove the contract.
By acceptance of benefits under the contract.
ART. 1406. A party to an oral sale of real property can now compel the other to put the contract in a public document for purpose of registration. The right of one party to have the other execute a public document which is not available in a donation of realty when it is in a private instrument because the donation is void.
ART. 1407. Where both parties are incapable of giving consent, the contract then is enforceable. However, if the parent/guardian, as the case maybe, of either party, ratifies the contract it becomes voidable. If ratification is made by both parties, the contract is then valid.
ART. 1407. Stranger cannot question the unenforceability of the contract since the benefit of Statute can only be claimed by one who is a party to the oral contract. It is a personal defense.
Uy, Joselle Angelu C.
1BSA-A
Pamantasan ng Cabuyao
Good Evening Atty! Here are my key takeaways from the video lecture.
CHAPTER 7
VIODABLE CONTRACTS
ARTICLE 1390
Voidable or annullable contracts
- means a valid contract but one of the parties is incapable of giving consent, or consent is vitiated by FIVUM (Fraud, Intimidation, Violence, Undue influence, Mistake)
Annulment
- remedy provided by law for the declaration of the inefficacy of a contract
* Article 1391 - there are different bases or defect of consent namely intimidation, violence, undue influence, mistake, fraud, minors and other incapacitated persons. The beginning. For the first three vices or when the defect ceases. For mistake and fraud is from the time of discovery. And the last two vices is from the time the guardianship ceases.
* Article 1392
this article defines ratification which means when one voluntarily adopts or approves some defective or unauthorized act or contract without his approval or consent.
* Article 1393
There are two kinds of ratification. First is express, this is the kind that can be manifested in oral or in written form. Implied on the other hand, is the one that may take in diverse forms. In here also discusses the requisites of implied ratification.
* Article 1394
Diverse Forms in Implied Ratification:
(1) By silence or acquiesces,
(2) By acts showing adaptation or approval of the contract and
(3) By acceptance and retention of benefits flowing therefrom. A guardian or an injured party himself, provided he is already capacitated, may ratify a contract.
*Article 1395
When ratification is occurred, the guilty party or the person who's not experiencing incapacity is not required to give consent or the conformity for the ratification to be valid. It is because ratification is unilateral.
*Article 1396 - An effect of ratification is retroactive. It makes a voidable contract to a valid contract up to the start, from its inception subject to the prior rise of third persons.
*Article 1397
.A third person/stranger has no legal capacity to challenge validity of a contract.
Only the aggrieved party can file a action for annulment of voidable contract
PRINCIPLE: He who comes to court must with clean hands.
Requisites to bring an action for annulment
1. Plaintiff must have an interest in the contract
2. Victim must assert the same
*Article 1398
GENERAL RULE: if the contract is annulled the parties must restore to each other.
OBLIGATION MUTUAL RESTITUTION
1. REAL a. Subject matter with fruits
b. Price with legal interest
2. PERSONAL Value of service
*Article 1399
There is an exception for the article above. Unless benefited, an incapacitated person is not obliged to restore what he had received.
The other contracting party is still bound to return what he had received, whether he is benefitted or not.
*Article 1400
In this article the effects of when the loss of the thing happens is discussed.
- If it is without the fault of the debtor the obligation is extinguished.
- if it is with the fault of the debtor he shall pay indemnity for damages plus its fruits and interest.
*Article 1401
It will result to the extinguishment of action for annulment
1. When the thing is lost through the plaintiff fault or fraud
2. the right of action is based upon them capacity of one of the contracting parties.
*Article 1402
Reciprocal obligation of restitution is created when a contract is annulled. Also, there will be no annulment if a party cannot restore what he is bound to return even if it is lost due to fortuitous event.
Chapter 8: Unenforceable Contracts
*Article 1403-1404
talks about the Unenforceable contracts these are the contracts that cannot be enforced or given effect in a court of law or sued upon by certain by defects provided by law until and unless they are ratified.
There are also 3 kinds of unenforceable contracts.
1. Unauthorized contracts or those enters into the name of another by one without authority
2. Statute of fraud is enacted only to prevent fraud and avoid mistakes of honest men. It is requiring the agreement to be in written form.
*Article 1405
There are two modes of ratification under the Statue of Fraud.
(1) by failure to object to the presentation of oral evidence to prove the contract and
(2) by acceptance of benefits under the contract
*Article 1406
In an oral sale of real property, party can compel to out the contract in a public document for the purpose of registration.
A donation of real property when it is a private instrument, one party cannot compel the other to execute a public document because the donation is void.
*Article 1407
Kinds of unenforceable contracts
3. The contract is unenforceable when both parties are incapable of giving consent.
If the parent or guardian of either party ratifies the contract, it becomes voidable. The contract will be valid when both parties consider ratification.
*Article 1408
A third person cannot question the unenforceability of the contract.
Stranger cannot question the unenforceability of the contract since the benefit of statue fraud can only be claimed by one who is a party to the oral contract.
It is a personal defense.
Baal, Ericka Jane G.
1BSA-A(PnC)
Good Day Atty! Here are the summary of my learnings after watching your video lecture, Voidable Contracts and Unenforceable Contracts
Chapter 7: Voidable Contracts
In Article 1390, it gives the definition of Voidable or Annullable Contracts which is a valid contract but one of the is incapable of giving consent or consent is vitiated by (FIVUM) Fraud, Intimidation, Violence, Undue Influence, or Mistake and a remedy of Annulment was provided by law.
Under Article 1391, it discuss the different kind of vices or defect of consent and they are the: (1) Intimidation (2) Violence (3)Undue Influence (4) Mistake (5)Fraud(6)Minors(7)Other Incapacitated Person.
Article 1392- Ratification extinguishes the action to annul a Voidable contract and voluntarily adopt some defective or unauthorized act or contract. It also cleanses the contract from all it's defects from the moment it was constituted.
Article 1393- It gives the two kinds of Ratification which are the Express(Ratification is manifested in words or writing) and Implied (may take in diverse forms). It also gives the Three Requisites of Implied Ratification.
Article 1394- It talks about who may ratify a Contract entered into by an incapacitated person. One example of it was the guardian which Ratification may be affected.
Article 1395- Ratification doesn't required the consent or conformity of the guilty party because it is unilateral.
Article 1396- It discuss the effect of Ratification which is Retroactive that makes the Contract valid from its inception subject to the prior rights of third person.
Article 1397- The following are the Requisites to Bring an Action for Annulment:
(1) Plaintiff must have an interest in the Contract
(2) Victim must assert the same
A person who are not part of the party doesn't have the right to challenge the Validity of a Contract, only the aggrieved party can file an action for Annulment of Contract.
Article 1398- As a general rule, if the contract is annulled, the parties must restore to each other the Obligation to return the subject matter with fruits and if not pay the price with legal interest. If the Obligation is personal, the value of the service is the basis for damages.
Article 1399- As an exception for Article 1398, the incapacitated person is not obliged to make any restitution except he benefited.
Article 1400- The effect of loss of the thing with and without the fault of the Debtor. When it is not the fault of the Debtor then the Obligation is extinguished, while if the loss of the thing was the fault of the obliged person, he must pay indemnity for damages plus it's fruits and interest.
Article 1401- The action for Annulment of Contract shall be extinguished when the object is lost by fraud or plaintiff's fault. Also, right of action is based upon the incapacity of one of the contracting parties.
Article 1402- As long as the party cannot restore what he is bound to return then he cannot avail for Annulment.
Chapter 8: Unforceable Contracts
Article 1403- 1404- it gives the definition of Unforceable Contracts which is a Contract that cannot be enforced or given effect in a Court of Law, unless they are ratified. There are three Kinds of Unenforceable Contracts and they are:
(1) Those entered into the name of another by one without authority or unauthorized contract.
(2) Those that do not comply with the statute Frauds
(3) Those where both parties are incapable of giving
•One of the objective of Statute of Frauds is to prevent fraud and mistake.
• It also discuss the Fundamental Principles of Statute of Fraud.
• The following are the Agreements within the scope of the Statute of Frauds:
(1)Must not be performed within one year
(2) Promise to answer for the debt, default, or miscarriage of another
(3) Consideration of marriage other than mutual promise to marry
(4) Sale of Goods at price not less that P500,000.
(5)" " leasing for a longer period than one year
(6) the sale of real property or of an interest therein
(7) Representation as to the credit of a third person.
Article 1405 gives the Modes of Ratification under the Statute of Frauds.
Article 1406- When a Contract is enforceable under the Statute of Frauds, the sale was form of oral, they may still put it in the public document for registration.
Article 1407- When both parties are incapable of giving consent then the contract is Unenforceable. If Ratification is made by both parties then the Contract is valid
Article 1408- Unenforceable Contracts cannot be question by the third person.
Thank you Atty. for this video lecture!
Fernandez, Patricia Jainah M.
1BSA-A
Good Day, Atty. I would like to thank you for uploading videos that helps us learn and get to know more the Law on Obligations and contracts that would help us for building the knowledge in the time the students you teach would face the world and become successful CPAs.
Voidable Contracts
Article 1390:
Contracts that are voidable or annullable include all of the essential requirements of a valid contract, but one of the parties is legally incapable of giving permission, or consent is vitiated by mistake, violence, intimidation, undue influence, or fraud. They exist, are valid, and are binding unless they are annulled or set aside by an appropriate court action. Once ratified, they become fully valid and cannot be reversed.
Article 1391:
A voidable contract must be annulled through direct court action, and a party cannot be released from the obligations flowing from it until the contract is annulled or set aside by the court. The four-year period for bringing an action for annulment is reckoned: In case of intimidation, violence, or undue influence, In case of mistake or fraud and in the case of contracts entered into by minors or other incapacitated persons.
Article 1392:
Ratification occurs when a person who is not disabled deliberately adopts and gives sanction to a flawed or unlawful contract, act, or process that would not be binding on him without his future approval or assent. It cleanses the contract from all its defects from the moment it was constituted.
Article 1393:
There are kinds of ratification: implied and express. The requisites for implied ratification are the following:
a. There must be knowledge of the reason which renders the contract voidable;
b. Such reason must have ceased; and
c. The injured party must have executed an act which necessarily implies an intention to waive his right.
The requisites for express ratification are the same as those for implied ratification except that the former is effected expressly.
Article 1394:
Parties who may ratify are the guardian, he injured party himself, provided, he is already capacitated and in case the contract is voidable on the ground of mistake, etc., ratification can be made by the party whose consent is vitiated.
Article 1395:
Ratification is an unilateral act in which a party waives the defect in his consent. The guilty party's assent is not required; otherwise, he can conveniently violate his contract by just declining to grant his conformance.
Article 1396:
Ratification cleanses the contract of all flaws that existed at the time it was executed. It puts an end to the annulment action. Ratification has the effect of making the contract binding from the start, subject to the prior rights of third parties.
Article 1397:
Strangers have no legal capacity to challenge the validity of such contract. The guilty party, as well as his successor in interest, cannot seek annulment. This rule is supported by the concept that whoever appears in court must do so with clean hands.
Article 1398:
If the contract is annulled, the parties, as a general rule, must restore to each other (a) the subject matter of the contract with its fruits) and (b) the price thereof with legal interest. Like in rescission, the purpose of the law is to restore the parties to their original situation by mutual restitution. In personal obligations, where the service had already been rendered, the value thereof with the corresponding interest, is the basis for damages recoverable from the party benefited by the service.
Article 1399:
This clause is an exception to the preceding article's general rule of mutual restitution. The incapacitated person is only required to make restitution to the extent that he benefited from the product or price obtained. As a result, if he was not benefited, he is not obligated to return what he received; nevertheless, the other contracting party is still obligated to return what he received, whether he was benefited or not.
Article 1400:
If the thing to be returned is lost without the fault of the person obliged to make restitution (defendant), there is no more obligation to return such thing. If it is lost through his fault, his obligation is not extinguished but is converted into an indemnity for damages consisting of the value of the thing at the time of the loss with interest from the same date and the fruits received from the time the thing was given to him to the time of its loss.
Article 1401:
If the person who has the right to institute an action for annulment is unable to restore the thing that he may be required to return if the contract is annulled because it was lost due to his fraud or fault, his right to have the contract annulled is lost. The right of action is founded on either of the contractual parties' incapacity. The rule is the same whether the right of action is based on incapacity or not.
Article 1402:
When a contract is terminated, a reciprocal responsibility of restitution arises. The return by one party of what he is required to restore by the annulment decision may be regarded as a condition precedent to the fulfillment by the other of what is required of him. In effect, there will be no annulment if the party is unable to restore what he is obligated to return.
UNENFORCEABLE CONTRACS
Article 1403:
While rescissible and voidable contracts are legal and enforceable until retracted or annulled, unenforceable contracts, while valid, are unenforceable unless ratified. A party to an unenforceable contract may bring an action to enforce it subject to the defense of the lack of the required form (Statute of Frauds) or absence of authority or in excess thereof. The law expressly provides that such a contract cannot be assailed by a third person.
Article 1404:
No one may contract in the name of another without being authorized by the latter, or unless he has by law a right to represent him.
Article 1405:
By failure to object to the presentation of oral evidence to prove the contract. by acceptance of benefits is contract no longer executory and, therefore, the Statute does not apply.
Article 1406:
Accordingly, a party to an oral sale of real property cannot compel the other to put the contract in a public document for purposes of registration because it is unenforceable. Similarly, the right of one party to have the other execute a public document is not available in a donation of realty when it is in a private instrument because the donation is void.
Article 1407:
Where both parties to a contract are incapable of giving consent, the contract is unenforceable. If the ratification is made by the parents or guardians, as the case may be, of both contracting parties, or by both contracting parties after attaining or regaining capacity, the contract is validated and its validity retroacts to the time it was entered into.
Article 1408:
Strangers to a voidable contract cannot bring an action to annul the same; neither can they assail a contract because of its unenforceability. An action for rescission may be brought by a third person.
Panganiban, Aubrey L.
1BSA-A
Good day, Atty. Here’s what I’ve learned from the video about Chapter 7-Viodable Contracts:
Art. 1390 gives definition to voidable contracts, those which possess all the essential requisites of a valid contract but one of the parties is incapable of giving consent, or consent is vitiated by fraud, intimidation, violence, undue influence, or mistake. It also talks about annulment, which is a remedy provided by law for the declaration of the inefficacy of a contract based on a defect or vice in the consent of one of the contracting parties.
Art. 1391 talks about the period for filling action for annulment. In cases of intimidation, violence, or undue influence, the action for annulment is from the time it ceases. In cases of mistake or fraud, the running od the prescriptive period is from the time it is discovered. And, in cases of contracts entered into by minors or incapacitated persons, the commencement of the prescriptive period is from the time the guardianship ceases.
Art. 1392 gives definition to ratification, which means that one voluntarily adopts or approves some defective or unauthorized act or contract which, without his approval or consent, would not be binding on him. It will cleanse the contract from all its defects from the moment it was constituted.
Art. 1393 talks about different kinds of ratification. They are express (when ratification is manifested in words or writing) and implied or tacit (may take in diverse forms). The requisites for implied ratification are; there must be knowledge of the reason which renders the contract voidable, such reason must have ceased, and the injured party must have executed an act which necessarily implies an intention to waive his right. Express ratification has also the same requisites except that the former is effected expressly.
Art. 1394 talks about persons who may ratify a contract entered into by an incapacitated person, and they are the guardian or the injured party himself provided he is incapacitated.
Art. 1395 refers to conformity of guilty party to ratification not required because ratification is unilateral act by which a party waives the defect in his consent.
Art. 1396 talks about the effects of ratification retroactive. It makes the contract valid from its inception subject to the prior rights of third persons.
Art. 1397 talks about the requisites to bring an action for annulment where the plaintiff must have an interest in the contract and the victim and the party responsible for the defect is the person who must assert the same. A third person has no legal capacity to challenge the validity of such contract. Strangers are without right to bring the action for they are not obliged by the contract. Moreover, the guilty party cannot ask for annulment.
Art. 1398 talks about the duty of mutual restitution upon annulment having a general rule that if the contract is annulled, the parties must restore to each other what they have received from the contract with their fruits and the price with interest.
Art. 1399 is an exception to the general rule of mutual restitution, an incapacitated person is obliged to make restitution only to the extent that he was benefited by the thing or price received by him.
Art. 1400 talks about the effect of loss of thing to be returned. If the thing to be returned is lost without the fault of the debtor, the obligation is therefore, extinguished. If it is lost through the fault of the debtor, his obligation is not extinguished and he must pay indemnity for damages plus its fruits and interest.
Art. 1401 talks about extinguishment of action for annulment. The action for annulment of contracts shall be extinguished when the thing is lost through the plaintiff’s fault or fraud and if the right of action is based upon the incapacity of any one of the contracting parties.
Art. 1402 talks about effect where a party cannot restore what he is bound to return. When a contract is annulled, a reciprocal obligation of restitution is created. There will be no annulment if the party cannot restore what he is bound to return, even if the loss is due to a fortuitous event.
Chapter 8-Unenforceable Contracts
Art. 1403-1404 gives definition to unenforceable contracts which are those that cannot be enforced or given effect in a court of law or sued upon by reason of certain defects provided by law until or unless they are ratified. There 3 kinds of unenforceable contracts; (1) those entered into in the name of another by one without authority, (2) those that do not comply with the Statue Frauds, and (3) those where both parties are incapable of giving. Statute of Frauds are enacted to guard against the mistakes of honest men by requiring that certain agreements specified, which is in writing.
Art. 1405 talks about the modes of ratification under the Statute of Frauds; (1) by failure to the presentation of oral evidence to prove the contract, and (2) by acceptance of benefits under the contract.
Art. 1406 talks about the right of a party where contract is enforceable. A party to an oral sale of real property cannot compel the other to put the contract in a public document, this is because it is unenforceable. Moreover, the right of one party to have the other execute a public document is not available in a donation of realty when it is in a private instrument because the donation is void.
Art. 1407 where both parties to a contract are incapable of giving consent, the contract is unenforceable. The contract becomes voidable if the parents or guardians of either party ratifies the contract. Furthermore, an unenforceable contract becomes a valid contract if the ratification is made by the parent or guardians of both contracting parties.
Art. 1408 strangers to a voidable contract cannot bring an action to annul the same because of its unenforceability. It is a personal defense.
Thank you for this lesson, Sir.
Serrano, Kaela B
1BSA-A
Pamantasan ng Cabuyao
Good Day Atty! here are my takeaways from this video.
Article 1390
Voidable or Annullable Contracts- A valid contract but one of the parties is incapable of giving consent or consent is vitiated by FIVUM. These contracts are binding unless they are annulled by a proper action in court.
FIVUM:
Fraud
intimidation
Violence
Undue Influence
Mistake
Article 1391
The action of annulment shall be brought within 4 years.
In case of intimidation, violence and undue influence, the period shall begin when the defect ceases.
In case of mistake and Fraud, the period shall begin from the time of discovery.
when the action refers to contracts entered by minors or other incapacitated person, the period shall begin from the time the guardianship ceases.
Article 1392
Ratification- One voluntarily adopts or approves some defective or unauthorized acts or contracts without his approval or consent, would not be binding on him.
Article 1393
Kinds of Ratification:
Express- when the ratification is manifested on writing.
Implied- May take diverse forms.
Requisites of Ratification:
-There must be knowledge of the reason which renders the contract voidable
- Such reason must cease
-The injured party must have executed an act which necessarily implies an intention to waive his rights.
Express ratification has the same requisites except that it is effected expressly.
Article 1394
Diverse forms in implied ratification:
- A by silence or acquisces
-By acts showing adaptation or approval of contract
-By acceptance and retention of benefits flowing there from.
Article 1395
The consent or conformity of the guilty party to ratification is not required since ratification is unilateral.
Article 1396
The effect of ratification is retroactive.
Article 1397
States the different requisites to bring an action for annulment.
Also, the guilty party cannot ask for annulment because of the principle: He who comes to court must come with clean hands.
Article 1398
As a General Rule: If the contract is annulled the parties must return the objects to each other.
If the obligation is Real, He must return the subject matter with fruits or the Price with legal interest.
If the obligation is personal, He may return the value of the service.
Article 1399
Is an exception to article 1398, An incapacitated person is not obliged to restore what he had received unless he benefited from it. The other contracting party is bound to return what he has received whether he benefited or not.
Article 1401
Extinguishment of action for Annulment:
-The thing is lost through the fault of plaintiff or fraud.
-Right of action is based upon the incapacity of one of the contracting parties.
Article 1402
When a contract is annulled, reciprocal obligation of restitution is created.
There will be no annulment if a party cannot restore what he is bound to return, even loss due to fortuitous event.
Article 1403-1404
Unenforceable contracts - cannot be enforced or given effect in a court of law or sued upon by reason of certain defects provided by law until and unless they are ratified.
It is also discussed under this article are the different kinds of unenforceable contracts, the fundamental principles of statute of frauds, and the agreements within the scope of statute frauds that must be reduced in writing.
Statute of Frauds- enacted only to prevent fraud but also to guard against the mistake of honest men by requiring that certain agreements must be in writing.
Article 1405
discusses the modes of ratification under the statute of frauds.
Article 1406
A party to an oral sale of real property can now compel the other to put the contract in a public document for purpose of registration.
Article 1407
Unenforceable contract is where both parties are incapable of giving consent. If one of the party is capable of giving consent it is called voidable contract. If ratification is made by both parties, the contract is valid.
That's all Atty! Thank you
Ortega, Annaztacia
1BSA-A (PNC)
Good day atty. Here are the summary of my learnings after watching your video lecture,
VOIDABLE CONTRACT
According to article 1390, voidable contracts include failure by one or both parties to disclose a material fact; a mistake, and a misrepresentation or fraud. Voidable contracts are binding unless annulled by a proper action in court. Moreover, according to article 1391, this article only applies to the parties in the contract. It does not apply to a third person when the law allows them to question the validity of a contract.
Failure to pursue an action within the period prescribed by law will have the effect of extinguishing the action. In addition, in article 1392 and 1393, ratification
is the act of approving a contract entered into by another without the authorization of the person in whose name it was entered into, or beyond the scope of the authority of the former and applies to unenforceable contracts, or contracts where consent is totally absent. There are two kinds of ratification, it is the express ratification which is the any oral or written manifestation of the person entitled to ask for annulment that he agrees to be bound by the contract or that he will not seek for its annulment, and the implied ratification that it is an annulled contract may be implied from the conduct of the acts of the party entitled to ask for annulment. In article 1394, ratification may be effected by the guardian of the incapacitated person. Incapacitated persons includes unemancipated minors and insane or demented persons, and deaf-mutes who do not know how to write. If incapacitated enters into a contract, the contract is voidable if the other party is capacitated. If both are incapacitated, the contract becomes void. The guardians however may ratify the defective contract in their behalf. If the incapacitated person becomes capacitated, they themselves may ratify their defective contracts. Moreover, according to 1395 and 1396, conformity of the party who has no right to bring an action for annulment is not needed. The innocent party has the prerogative to annul or not to annul a voidable contract. After the contract has validly ratified, no action to annul the same can be maintained biased upon defects relation to its original validity. However, according to article 1397, in an action for the annulment of contracts, the real parties in interest are those who are parties to the contract, or are bound either principally or subsidiarily, or are prejudiced in their rights with respect to one of the contracting parties and can show the detriment which would positively result to them from the contract even though they did not intervene in it, or who claim aright to take part in a public bidding but have been illegally excluded from it. In Article 1398, if the contract is annulled, the parties, as a general rule, must restore to each other the subject matter of the contract with its fruits and the price thereof with legal interest. Unless there are fundamental reasons recognized by the law which will prevent such restitution. There is an exception in article 1399, if the contract is null, the parties are bound to restore or return reciprocally the thing with its fruits and the price with interest, if nullity is on the incapacitated party, the party suffering from such incapacity is only bound to return what he has profited by the thing sold or by the price received. Hence, according to article 1400 to 1402, whenever the person obliged by the decree of annulment to return the thing cannot do so because it has been lost through his fault, he shall return the fruits received and the value of the thing at the same time of the loss, with interest from the same date. The action for annulment of contracts shall be extinguished when the thing which is the object thereof is lost through the fraud or fault of the person who has a right to institute the proceedings. As long as one of the contracting parties does not restore what in virtue of the decree of annulment he is bound to return, the other cannot be compelled to comply with what is incumbent upon him.
UNENFORCEABLE CONTRACTS
According to articles 1403-1404, unenforceable contracts - cannot be sued upon or enforced unless ratified, it has no effect yet while voidable and rescissible contracts produced legal effects until they are annulled or rescinded.
Unauthorized contracts shall be governed by article 1317 that no one may contract in the name of another without being authorized by the latter, or unless by law or right to represent him. Moreover, according to articles 1405-1407, contracts infringing the Statute of Frauds, referred to in No. 2 of Article 1403, are ratified by the failure to object to the presentation of oral evidence to prove the same, or by the acceptance of benefit under them. When a contract is enforceable under the Statute of Frauds, and a public document is necessary for its registration in the Registry of Deeds, the parties may avail themselves of the right under Article 1357. In a contract where both parties are incapable of giving consent, express or implied ratification by the parent, or guardian, as the case may be, of one of the contracting parties shall give the contract the same effect as if only one of them were incapacitated.
If ratification is made by the parents or guardians, as the case may be, of both contracting parties, the contract shall be validated from the inception. Lastly, in article 1408, unenforceable contracts cannot be assailed by third persons.
That's all, thank you po.
Camas, Ma. Joyce Susanfei M.
1 BSA-B
Pamantasan ng Cabuyao
Good day, Atty. Thank you for providing this video. Below are my takeaways:
Defective contracts
Voidable contracts
Article 1390
Voidable or annullable contracts
• A valid contract but one of the contracting parties is incapable of giving consent, or consent is vitiated by fraud, intimidation, violence, undue influence, or mistake.
Annulment of contract
• Remedy provided by law the declaration of the efficacy of a contract based on a defect or vice of consent in order to restore them to their original position as when the contract was executed.
Article 1391
Different vices or defect of consent
1. Intimidation
2. Violence
3. Undue influence
4. Mistake
5. Fraud
6. Minors
7. Other incapacitated persons
The beginning period of the running of the prescriptive period for filing of or an annulment of a voidable contract will commence to run:
1-3. When the defect ceases to exist
4-5. From the time of discovery
6-7. At the time that the guardianship ceases to exist
A ratification
• One voluntarily adopts or approves some defective or unauthorized contact or act without his approval or consent would not be binding on him
• Cleanses the contract from all its defects from the moment it was constituted
Article 1393
Kinds of ratification
1. Express - manifested in words or in writing
2. Implied - can take in diverse form
Diverse form of implied ratification:
1. By silence or acquiscence
2. By acts showing adaptation or approval of the contract
3. By acceptance and retention of benefits flowing there from
Article 1393
Requisites of implied ratification:
1. There must be knowledge of the reason which the which renders the contract avoidable
2. Such reason must have ceased
3. The injured party must have executed an act which implies waiver
Express ratification has the same requisites except that it is affected expressly or categorically
Who may ratify a contract entered into by an incapacitated person?
1. Guardian
2. Injured party himself provided that he is already capacitated
Article 1395
• The consent or conformity of the guilty party to the ratification is not required
Reason: ratification is unilateral
Effect of ratification if avoidable contract is ratified
-there is a retroactive effect -makes the contract valid from its inception subject to the prior rights of third persons.
Article 1397
Requisites in order to bring an action for annulment of a voidable contract
1. Plaintiff must have an interest in the contract
2. Victim must assert the same
• A third person or a person who is not a party to a contract has no legal capacity to challenge the validity of a contract
• Guilty party cannot file for an annulment of contract (principle: he who comes to court must come with clean hands )
Article 1398
• General rule: if the contract is annulled, the parties must restore to each other [what they have received from the contract]
Mutual restitution
1. Real
a. Return the subject matter with fruits or the price with legal interest
b. Return the price of the object if the return of the object rather is no longer feasible
2. Personal
• Return the value of the service or th e amount of the service
General rule: if the contract is annulled then the parties must restore to each other
Exception:
• An incapacitated person is not obliged to restore what he has received
• The other contracting party is still bound to return what he had received whether he benefited or not
Article 1400
The effect of the loss of the thing
1. Without the fault of the debtor -will extinguish the obligation
2. With the fault of the debtor - debtor is liable to pay indemnity for damages plus fruits and interest
Extinguished of action for annulment
1. The thing is lost through the plaintiff's fault or fraud
2. Right of action is based upon in capacity of one of the contracting parties
Article 1402
• When a contract is annulled, reciprocal obligation of restitution is created
• There will be no annulment if a party cannot restore what he is bound to return; even if loss is due to a fortuitous event
Chapter 8 unenforceable contract
Article 1403
Unenforceable contract
Is a contract that may not be enforced from its term or it cannot be given effect in a court of law or a party may not sue on an unenforceable contract by reason of certain defects provided by law until and unless that they are ratified
Kinds of unenforceable contracts
1. Those entered into the name of another by one without the authority of another
2. Those that do not comply with the statute of frauds
(statute of fraud- enacted only to prevent fraud but also to guard against the mistake of honest men by requiring that certain agreement must be in writing so statutory frauds class is enacted to prevent fraud or mistake so that the law will require that certain agreements must be reduced in writing)
3. Both parties are incapable of giving consent
Fundamental principles of the statute of fraud
1. It is not applicable in actions which are neither for damages because of a violation of contract
2. [most important] - is applicable only to a completely executory contract where no performance has yet been made by both parties
Kinds of the contract according to its stage or performance
1. Executory contract - a contract in preparation of another contract
2. Executed contract - the contract has been accomplished or executed
of personal property in the amount of 10 000 pesos and then there is no agreement in writing okay so statute of fraud -sale of personal property must be in writing if it is more than 500 pesos}
3. Not applicable where the contract is admitted expressly or impliedly by the failure to deny specifically its existence
4. Not applicable where writing does express the true nature of the agreement
5. Does not declare that the contract is void but merely unenforceable
6. Defense of touch the fraud may be waived for the failure of timely invocation
7. Defense of statute of fraud is personal to the parties and cannot be interposed by strangers to the contract
Agreements within the scope of the statute of frauds
1. Agreement not to be performed within one year from the making thereof
2. Promise to answer for the death, default, or miscarriage of another
3. Agreement in consideration of marriage other than a mutual promise to marry
4. Agreement for a sale of goods at price not less than 500 peso
5. Agreement for leasing for a longer period than one year
6. Agreement for the sale of real property or of an interest therein
7. Representation as to the credit of a third person
Modes of ratification under the statute of fraud [a statute of fraud is ratified]
1. By failure to object to the presentation of oral evidence to prove the contract
2. By acceptance of benefits under the contract
Article 1406
A party to an oral sale of real property can now compel the other to put the contract in a public document for purpose of registration
The right of one party to have the other execute a public document which is not available in a donation of real property when it is in a private instrument because the donation is void
Article 1407 (third kind of unenforceable contract)
• Where both parties are incapable of giving consent, the contract then is unenforceable
• If one party is incapable of consent the status is voidable
• If both parties are incapable of giving consent the status is unenforceable
• If the parent or guardian, as the case may be, of either party ratifies the contract it becomes voidable
• If the ratification is made by both parties the contract is valid
Article 1408
• If the contract is voidable, the third person cannot file the action for annulment of contract (that's the same principle applies to unenforceable contract)
• A third person cannot question the unenforceability of the contract since the benefit of a statute of fraud can only be claimed by the party to the oral contract
• It is a personal defense
Lagera, Rinalyn A.
1BSA-A PNC
Good day atty. Below are my learnings from your video.
ARTICLE 1390 VOIDABLE OR ANNALA BALL CONTRACTS IS A VALID CONTRACT BUT ONE OF THE PARTIES IS INCAPABLE OF GIVING CONSENT.
Annulment is a remedy provided by law for the declaration of the efficacy of a contract based on eye defect or vice of consent in order to restore them to there original position as when the contract was executed.
Ratification one voluntarily adopts or approach some defective or an authorized act or contract.
Article 1393 there are two kinds of ratification first express when the ratification is manifested in words or in writing second implied it is meeting in diverse form.
On article 1394 diverse forms implied ratification
1. Bye silence or acquiesces
2. By acts showing adaptation all approval of the contract.
3. By acceptance and retention of benefits going there from.
Article 1395 the consent or conformity of the guilty party to ratification is not required.
Next article 1397 ate third person or stranger has to legal capacity to challenge the validity of a contract also the guilty party cannot ask for annulment.
Article 1398 the general rule here is if the contract is annulled the parties must restore to each other.
Article 1399 there are exceptions an incapacitated person is not obliged to restore what he had received unless he benefited.
An article 1400 if the loss of the thing due to the fault of the debtor the effect is he must pay indemnity for damages plus its fruits and interest while if we doubts the debtor fault defecate the obligation must be extinguished.
Article 1401 the thing is loss through the plaintiffs fault or fraud
Article 1402 there will be no annulment if the party cannot restore what he is bound to return.
Chapter 8 unenforceable contract
Unenforceable contract cannot be enforced or given effect in a court of law.
There are two kinds of unenforceable contracts first those entered into the name of the other by one without authority or unauthorized contracts s those that do not comply with the statute fraud.
Moreover statute fraud is enacted only to prevent fraud.
Article 1405 modes of ratification under the statute of fraud is by failure to object to the presentation of oral evidence to prove the contract.
Article 1407 where both parties are incapable of giving consent the contract then is unenforceable.
Article 1408 strange cannot question the unenforceableability of the contract.
That's all thanks po
Francisco, Yvonne Lee R.
1 BSA-B
Good day, Atty! Here are some of my notes from this video:
Chapter 7: Voidable Contracts
Article 1390 talks about voidable contracts or annullable contracts. A valid contract but one of the parties is incapable of giving consent or consent is vitiated by fraud, intimidation, violence, undue influence, or mistake. (FIVUM)
Article 1391 is about period for filing action for annulment in case of intimidation, violence, undue influence, mistake, fraud, minors and other incapacitated persons.
Article 1392 refers to ratification. It cleanses the contract from all its defects from the moment it was constituted.
Article 1393 speaks about the two kinds of ratification which are the express and implied or tacit.
Article 1394 is about the person who may ratify a contract entered into by an incapacitated person. They are the guardian and the injured party himself provided he is already capacitated.
Article 1395 - The consent or conformity of the guilty party to ratification is not required.
Article 1396 - The effect of ratification is retroactive where it makes the contract valid from its inception subject to the prior rights of third persons.
Article 1397 is about the requisites to bring an action for annulment. A third person or stranger has no legal capacity to challenge the validity of a contract. Also, the guilty party cannot ask for annulment.
Article 1398 talks about the duty of mutual restitution. General rule: If the contract is annulled, the parties must restore to each other.
Article 1399 - It is an exception to the general rule. An incapacitated person is not obliged to restore what he had received unless the benefited. But the other contracting parties is still bound to return what he had received, whether he was benefited or not.
Article 1400 is about effect of loss of thing t be returned. If the thing is lost without the fault of the debtor, obligation is extinguished. However, if the thing is lost through his fault, obligation is not extinguished but is converted into an indemnity for damages plus its fruits and interest.
Article 1401 - Extinguishment of Action for Annulment: (1) Thing is lost through the plaintiff’s fault or fraud. (2) Right of action is based upon incapacity of one of the contracting parties.
Article 1402 - When a contract is annulled, reciprocal obligation of restitution is created. There will be no annulment if a party cannot restore what he is bound to return; even loss is due to fortuitous event.
Chapter 8: Unenforceable Contracts
Article 1403-1404 is about unenforceable contracts. It cannot be enforced or given effect in a court of law or sued upon by reason of certain defects provided by law until and unless they are ratified.
Article 1405 - Modes of ratification under Statute of Frauds: (1) By failure to object to the presentation of oral evidence to prove the contract. (2) By acceptance of benefits under the contract.
Article 1406 - A party to an oral sale of real property can now compel the other to put the contract in a public document for purpose of registration.
Article 1407 - Where both parties are incapable of giving consent, the contract then is uneforceble.
Article 1408 - Stranger cannot question the unenforceability of the contract since the benefit of Statute can only be claimed by one who is a party to the oral contract.
Thank you for this lecture, Atty!
Candido, Hannah Mae P.
PNC-1BSA-A
Good Day Atty! Below is the summary on what I've learned on the video lecture.
We're now at Chapter 7 Voidable Contracts. Article 1390 provides the voidable contracts, we should memorize the FIVUM which means fraud, intimidation, violence, undue influence, and mistake. When we say annulment, it is remedy provided by law for the declaration of the inefficacy of a contract based on a defects or vice of consent. Under 1391, there are different vices or defect of consent and provided its beginning period. Article 1392 provides the meaning of ratification, for instance, there was no consent given by the party previously but when a party ratifies the contract he voluntarily adopt or approves the unauthorized act or contract and that approval will bind the party. Under Art. 1393 there are two (2) Kinds of Ratification: Express (ratification is manifested in words or writing) and Implied (may take in diverse form). It also enumerate the requisites of ratification. While Art. 1394 provides the diverse form in Implied Ratification. This article discussed that a contract entered into by an incapacitated person may be ratified by a guardian and injured party himself provided he is already incapacitated. Art 1395 means ratification does not require the conformity of the contracting party who has no right to bring the action for annulment. Art. 1397 provides the requisites to bring an action for annulment. It also emphasize that the stranger has no legal capacity to challenge the validity of a contract. As a general rule of Art. 1398, if the contract is annulled, the parties must restore to each other. If the obligation is Real, the mutual restitution will be (1) return the subject matter with fruits, (2) price the legal interest if the subject matter will no longer feasible. If the obligation is Personal, you can return the value of service. Art. 1399 is the exception of the general rule under Art. 1398 which is an incapacitated person is not obliged to restore what he had received unless he benefited. The Art. 1400 is the effect of loss of the thing with and without fault of the debtor. While Art. 1401 provides the extinguishment of action for annulment. Article 1402 emphasized that when a contract is annulled, a reciprocal obligation of restitution is created.
Now, we're in Chapter 8 Unenforceable Contracts. Article 1403-1404 provides the meaning of unenforceable contract which means cannot be enforced or given effect in a court of law unless they are ratified. There three (3) kinds of unenforceable contracts shown in this article. It also enumerated the Fundamentals Principles relative to the statute of frauds. In Art. 1405 there 2 modes of ratification under the statute (1) by failure to object to the prestation of oral evidence to prove the contract and; (2) by acceptance of benefits under the contract. The Art. 1406 describes the right of a party where contract is enforceable. While Art. 1407 pertains when unenforceable contract becomes a voidable contract. Last Article under Chapter 8 is Art. 1408, it emphasized that unenforceable contracts can not be assailed by third person.
This ends the summarization. Thank you and God Bless Atty!
Evangelista, Shane G.
1BSA-A
Here are some of my takeaways in this video lecture; The video lecture is about the voidable and unenforceable contracts.
Voidable or annullable contracts is a valid contract but one of the parties is incapable of giving consent, or consent is vitiated by mistake, violence, intimidation, undue influence or fraud. Voidable contracts are enforceable between parties unless annulled by proper action in court by the injured party.
Unenforceable contracts are valid but cannot be enforced or given effect in a court of law or sued upon by reason of certain defects provided by law until and unless they are ratified according to law.
But once these defective contracts are ratified, they become absolutely valid and can no longer be annulled. Ratification cleanses contracts from all the defects from the moment it was constituted. The contract thus become valid , hence the action to annul is extinguished.
Thank you!
Castillo, Rikka Marie B.
1BSA-A
PNC
Chapter 7 - Voidable Contracts
Article 1390 - Voidable or annullable contract is a contract where in one of the contracting parties cannot give consent. A voidable contract is still valid contract unless annulled by a proper action in court.
Article 1391 - This article gives the timeline where on of the contracting parties can file the action for annulment.
Article 1392 - Ratification is an act where in a past contract that has no consent, one of the parties will voluntarily adopts or approve some defective act or contract. Ratification will extinguish the action to annul a voidable contract.
Article 1393 - Kinds of Ratification. (1) Express - ratification is manifested in oral or writing; (2) Implied or tacit- ratification takes in diverse forms. This article also gives the requisites of ratification
Article 1394 - This article names the person who can ratify a voidable contract. (1) when a contract is entered by an incapacitated person, the contract may be ratified by his guardian or the injured party himself provided that he is already capacitated. (2) The party whose consent is vitiated.
Article 1395 - Consent of the guilty party is not needed to file for ratification.
Article 1396 - This article that ratification has a retroactive effect in which it makes the contract valid and cured from the beginning.
Article 1397 - This article gives the requisites to bring an action for annulment. It also states that a stranger has no legal capacity to challenge the validity of contract.
Article 1398 - once the contract has been annulled, both parties must return whatever they have received from the contract.
Article 1399 - This article is an exception to Article 1398 where parties must return what they have received from the contract. Incapacitated person is not obliged to return what he has received unless he benefited from it.
Article 1400 - This article is about the returning of the loss thing. If the thing is lost without the fault of the debtor, the obligation is extinguished. If it is lost through the fault of the debtor, he has to pay the indemnity for damages, fruits and interest.
Article 1401 - This article is about the extinguishment of action for annulment.
Article 1402 - Annulment cannot take place if one of the contracting parties cannot return what he is bound to return.
Chapter 8 - Unenforceable contract
Article 1403 - Unenforceable contract are the contract that cannot be enforced unless ratified.
Article 1405 - Modes of ratification under the Statute.
Article 1406 - This gives a right of a party to compel the other to put the contract in a public document
Article 1407 - Unenforceable Contract is a contract where both parties cannot give consent.
Article 1408 - A third person cannot question the unenforceable contract.
Thank you for the video, Atty!
Roble, Ramilyn M.
1BSA-A
Pamantasan ng Cabuyao
Good day, Atty. Here are my takeaways from the video lecture.
Chapter 7 - VOIDABLE CONTRACTS
Article 1390 - It states that a contract is voidable if the person in the contract is incapable of giving consent and if there is a mistake, violence, intimidation, undue influence, or fraud. Thus, it is still valid until it was annulled by the proper court.
Article 1391 - The action in the annulment of the contract shall take action at the time intimidation, violence, or undue influence ceases. If there is a mistake or fraud the action shall take place at the time of discovery. However, if it is about minors or another incapacitated person, the annulment shall take place at the time the guardianship has ceased.
Article 1392 - It talks about the ratification wherein it extinguishes the annulment of voidable contracts. It means that if one voluntarily approved a contract even if it is defective or unauthorized, the contract will still be valid.
Article 1393 - Ratification can either be express or implied suggested that requisites of each kind were followed. The requisites for implied ratification are (1) Knowledge of the reason for the contract to be voidable, (2) Reasons must have ceased, and (3) The Injured party must have executed an act that implies waiver. While the requisites for the express ratification are the same with implied except that the former has effected expressly.
Article 1394 - The contract that was entered by the incapacitated person can be ratified by their guardian or the injured party himself provided that he became capacitated.
Article 1395 - The consent of the guilty party is not needed for the ratification to exist.
Article 1396 - The ratification can retroact a contract. It means that a defect in the contract cleanses it from the moment it was constituted.
Article 1397 - It states that for the annulment to bring into action, it needs that a plaintiff has an interest in the contract and the victim asserts the same. The article also states that a third person has no legal capacity to the validity of the contract.
Article 1398- 1399 - It talks about when the contract was annulled, the parties must return the subject matter with its fruits, the price with legal interest, and the damages in the base of the value of service. However, the incapacitated person was not obliged to restore what he received unless he benefited from it.
Article 1400 - If the thing to return was lost without the fault of the debtor, the obligation is extinguished. However, if it is with the fault of the debtor, the person is obliged to return the fruits and the price of the thing lost with interest.
Article 1401 - The action for annulment will be extinguished if the things were lost with the fault of the plaintiff's and if the right of action was based upon the incapacity of one of the contracting parties.
Article 1402 - It states that the obligation of the parties was reciprocated if, in the annulment of the contract, one party does not return what he is bound to return.
CHAPTER 8 - UNENFORCEABLE CONTRACTS
Article 1403 -1404 - It talks about the unenforceable contract which means a contract cannot be validated if it is not enforced by the court. There are kinds of unenforceable contracts (1) Those who entered in the name of another by one without authority, (2) Those who do not comply with the Statute Frauds, and (3) Those where both parties are incapable of giving. A statute fraud is a guard to prevent fraud and a mistake by requiring that the agreement was in the form of writing. Its fundamental principles are (1) It is not applicable in actions that are neither for damages because of a violation of a contract, (2) Applicable only to completely executory contract with no performance has yet been made by both parties, (3) Not applicable where the contract was failed to expressed or implied its existence, (4) Not applicable where writing does express the true agreement of the parties, (5) Does not declare that the contract is void but merely unenforceable, (6) Defense of Statute of Fraud may be waived, and (7) Defense of Statute of Fraud is personal to the parties and cannot be interposed by strangers to the contract.
It also required agreements:
1. Agreements not to be performed within one year from the making thereof.
2. Promise to answer for the debt, default, or miscarriage of another.
3. Agreement in consideration of marriage other than a mutual promise to marry.
4. Agreements for the sale of goods, etc. at price not less than P500.00.
5. Agreements for leasing for a longer period than one year.
6. Agreements for the sale of real property or an interest therein.
7. Representation as to the credit of a third person.
Article 1405 - It tackles the modes of ratification under the statute of fraud by failure to object to the presentation of oral evidence to prove the contract and by acceptance of benefits under the contract.
Article 1406 - It states that if the sale was in the form of oral, they may still put it in the public document for registration. However, if its donation it cannot be executed in a public document.
Article 1407 - The contract is not unenforceable if it was given consent by two incapable persons. However, if it was ratified by the guardian it becomes voidable. And if the two parties ratified the contract, it becomes valid.
Article 1408 - It states that an unenforceable contract cannot be questioned by a third person or stranger.
Thank you, Atty. for the video lecture.
Rivera, Rianne Vernice C.
1BSA-B
Pamantasan Ng Cabuyao
Here are my takeaways from this video lecture.
Article 1390 - Voidable or annullable contracts are still valid contracts. However, it is biteable or annullable when one of the parties is not giving consent or has done something like fraud, intimidation, violence, undue influence, or mistake.
Article 1391. States that the vices are enumerated which are intimidation, violence, undue influence, mistake and fraud, minors, and another incapacitated person.
Article 1392 - This defines ratification which means when one voluntarily adopts or approves some defective or unauthorized act or contract without his approval or consent.
Article 1393. Gives the two kinds of Ratification which are express and implied. Express if ratification is manifested in words or writing, and implied if may take in diverse forms. It also gives the 3 requisites of implied ratification.
Article 1394- Guardians have the power to contract on their behalf, therefore, they may also ratify contracts entered into by their wards.
Article 1395- Ratification is a unilateral act by which a party waives the defect in his consent.
Article 1396. This pertains to the effect of the ratification of the contract. Retroactive makes the contract valid from its inception subject to the prior rights of third persons.
Article 1397. This states that the requisites to bring an action for annulment: Plaintiff must have an interest in the contract and the victim must assert the same. It also stated that a third person/stranger has no legal capacity to challenge the validity of a contract.
Article 1398. This talks about the duty of mutual restitution. General rule: If the contract is annulled, the parties must restore to each other.
Article 1399 - It is an exception to the general rule. An incapacitated person is not obliged to restore what he had received unless he benefited. But the other contracting parties are still bound to return what he had received, whether he was benefited or not.
Article 1400 is about the effect of loss of things t be returned. If the thing is lost without the fault of the debtor, the obligation is extinguished. However, if the thing is lost through his fault, the obligation is not extinguished but is converted into an indemnity for damages plus its fruits and interest.
Article 1405 - There are two modes of ratification under the Statue of Fraud.
1. by failure to object to the presentation of oral evidence to prove the contract and;
2. by acceptance of benefits under the contract
Article 1406 - In an oral sale of real property, a party can compel to out the contract in a public document for the purpose of registration. But, in a donation of real property when it is a private instrument, one party cannot compel the other to execute a public document because the donation is void.
Article 1407 - The contract is unenforceable when both parties are incapable of giving consent. If the parent or guardian of either party ratifies the contract, it becomes voidable. The contract will be valid when both parties consider ratification.
Article 1408 - A third person cannot question the unenforceability of the contract.
Thank you, Atty.
Melendrez, Ella Grace G.
1BSA-A
Below is the summary of my learnings.
CHAPTER 7 - VOIDABLE CONTRACTS
Article 1390. Voidable or annullable contracts refers to a valid contract but one of the parties is incapable of giving consent by fraud, intimidation, violence, undue influence, or mistake.
Article 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.
Article 1392. Ratification is when one voluntarily adopts or approves some defective or unauthorized act or contract, without his approval or consent, would not be binding on him.
Article 1393. Ratification can be expressed or implied.
Article 1393. Implied ratification has two requisites. (1) There must be knowledge of the reason which renders the contract voidable. (2) Such reasons must have ceased. (3) The injured party must have executed an act which implies waiver. Express ratification is the same except that it is affected expressly.
Article 1394. Contracts entered into by an incapacitated person may be ratified by a guardian or the injured party himself when he became capacitated.
Article 1395. The consent or conformity of the guilty party to ratification is not required because ratification is unilateral.
Article 1396. If a voidable contract is ratified, there is retroactive effect.
Article 1397. A third person has no legal capacity to challenge the validity of a contract. Also, the guilty party cannot ask for annulment.
Article 1398. As a general rule, if the contract is annulled then the parties must restore to each other.
Article 1399. There is an exception that an incapacitated person is not obliged to restore what he had received unless he benefited.
Article 1400. If the loss of the thing is without the fault of the debtor, obligation is extinguished. On the other hand, if it is with the debtor’s fault then he must pay indemnity for damages plus its fruits and interest.
Article 1401. Action for Annulment is extinguished when (1) the thing is lost through the plaintiff’s fault or fraud (2) right of action is based upon the incapacity of one of the contracting parties.
Article 1402. When a contract is annulled, a reciprocal obligation of restitution is created.
CHAPTER 8 - UNENFORCEABLE CONTRACTS
Article 1403 - 1404. Unenforceable contracts are contracts that cannot be enforced or given effect in court of law or sued upon by a reason of certain defects provided by law until and unless they are ratified. Moreover, there are three kinds of unenforceable contracts: (1) Those entered into the name of another by one without authority or unauthorized contract. (2) Those that do not comply with the Statute of Frauds. (3) Those where both parties are incapable of giving.
Article 1405. Statute of Fraud is ratified (1) by failure to the presentation of oral evidence to prove the contract (2) by acceptance of benefits under the contract.
Article 1406. A party to an oral sale of real property can now compel the other to put the contract in a public document for the purpose of registration.
Article 1407. The contract is unenforceable when both parties are incapable of giving consent.
Article 1408. Stranger cannot question the unenforceability of the contract since the benefit of Statute can only be claimed by one who is a party to the oral contract.
Thank you, Atty. for the video lecture.
Melendrez, Jonalyn C.
1BSA-B
Good day Atty. Here are some of my takeaways from this video lecture:
Chapter 7 Voidable Contracts and Chapter 8 Unenforceable Contracts are covered in this video.
•Article 1390 defines voidable contracts in which one of the parties is incapable of providing consent or agreement is simply nullified by FIVUM, despite the fact that the contract meets all of the fundamental requirements of a legal contract. On the other hand, annulment is a remedy provided by law.
•The action for annulment must be launched within four years, according to Article 1391.
•Article 1392 covers ratification, which indicates that if a person freely accepts or authorizes an improper act or contract, it is not obligatory on him. As a result, ratification puts an end to the act to nullify a voidable contract.
•The kinds and requisites of ratification is discussed in Article 1393.
•Article 1394 pertains with who has the authority to ratify. Ratification is said to be done by the incapacitated person's guardian.
•Ratification does not imply the compliance of the contractual party who has no cause of redress for annulment, according to Article 1395.
•The consequence of ratification, according to Article 1396, is to make the contract binding from the start, pursuant to the rights of third parties.
•Article 1397 defines who is eligible to pursue a partial annulment case. Someone who is not a party to a contract has no legal standing to question the contract's validity.
•Article 1398 refers to the general rule whenever a contract is annulled, the parties must return the subject matter with its fruits, as well as the costs incurred with lawful interest, with each other.
•Article 1399 is an exception to the previous article's general rule. According to this article, an incapacitated person is only obligated to fulfill restitution to the amount that he benefited from the object or payment he obtained.
•The effect of the loss of the thing to be returned is discussed in Article 1400 wherein either a person is still obliged to make restitution with damages or not.
•The extinguishment of annulment is dealt with here in Article 1401. If the plaintiff's fault or fraud caused the loss, the action for annulment will be extinguished.
•In Article 1402, a reciprocal obligation of restitution is created whenever a contract is annuled.
•Unenforceable contracts are ones that cannot be executed or accepted in a court of law unless they are ratified per the law, according to Article 1403.
•Article 1404 represents unauthorized contracts.
•Article 1405 pertains to the modes of ratification under the Statute.
•The right of a party where a contract is enforceable under the statute of frauds is described in Article 1406.
•Article 1407 shows how an unenforceable contract becomes a voidable contract through the ratification of party's guardian.
•Third parties cannot question unenforceable contracts, according to Article 1408.
Thank you for this video lecture Atty.
Tenorio, Jeane Antonette E.
1BSA−B
Pamantasan ng Cabuyao
Here are my notes from this video:
Article 1390
Voidable or annullable contract is a valid contract but one o the parties is incapable of giving consent, or consent is vitiated by fraud, intimidation, violence, undue influence, or mistake.
Annulment is a remedy by law for the declaration of the inefficacy of a contract based on a defect or vice of consent in order to restore them to their original position as when the contract was executed.
Article 1391
Period for filing annulment
In case 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.
In case of contracts entered into by minors or incapacitated persons, from the time the guardianship ceases.
Article 1392. Ratification extinguishes the action to annul a voidable contract.
Ratification means that one voluntarily adopts or approves some defective or unauthorized act or contract, without his approval or consent, would not be binding on him. It cleanses the contract from all its defects from the moment it was constituted.
Article 1393
Kinds of ratification
1. Express- when the ratification is manifested in words or in writing.
2. Implied or tacit- may take in diverse forms.
Diverse forms in implied ratification:
1. By silence or acquiesces
2. By acts showing adaptation or approval of the contract
3. By acceptance and retention of benefits flowing there from
Requisites of implied ratification:
1. There must be knowledge of the reason which renders the contract voidable
2. Such reason mut have ceased
3. The injured party must have executed an act which implies waiver.
Express ratification has the same requisites except that it is effected expressly.
Article 1394. Ratification may be effected by the guardian of the incapacitated person.
Who may ratify?
1. Guardian
2. Injured party himself provided he is already capacitated
Article 1395. Ratification does not require the conformity of the contracting party who has no right to bring the action for annulment.
The consent or conformity of the guilty party to ratification is not required because ratification is unilateral.
Article 1396. Ratification cleanses the contract from all its defects from the moment it was constituted.
Effect of ratification
Retroactive- it makes the contract valid form its inception subject to the prior rights of third persons.
Article 1397
Requisites to bring an action for annulment
1. Plaintiff must have an interest in the contract
2. Victim must assert the same
A third person/stranger has no legal capacity to challenge the validity of contract. Also the guilty party cannot ask for annulment because of the principle that he who comes to court must come with clean hands.
Article 1398
As a general rule, if the contract is annulled, the parties must restore to each other.
If the obligation is real, you must return the subject matter with fruits, or you have to return the price with legal interest.
If the obligation is personal, you must return the value of the service, it is the basis for damages.
Article 1399. An incapacitated person is not obliged to restore what he had received unless he benefited. Although the other contracting party is still bound to return what he had received, whether he was benefited or not.
Article 1400
Effect of loss of thing to be returned
1. If the thing to be returned is lost without the fault of the person obliged to make restitution, there is no more obligation to return such thing.
2. If it is lost through his fault, his obligation is not extinguished but is converted into an indemnity for damages.
Article 1401
Extinguishment of action for annulment
1. Thing is lost through the plaintiff’s fault or fraud
2. Right of action as based upon the incapacity of one of the contracting parties.
Article 1402
Effect where a party cannot restore what he is bound to return
When a contract is annulled, reciprocal obligation of restitution is created. There will be no annulment if a party cannot restore what he is bound to return; even loss is due to fortuitous event.
Article 1403
Unenforceable contracts cannot be enforced or given effect in a court of law or sued upon by reason of certain defects provided by law until they are ratified.
Kinds of unenforceable contracts
1. Those entered into the name of another by one without authority or unauthorized contract.
2. Those that do not comply with the statute frauds
3. Those where both parties are incapable of giving
Statute of frauds are enacted only to prevent fraud but also to guard against the mistake of honest men by requiring that a certain agreement must be in writing.
Fundamental principles of statute of frauds
1. It is not applicable in actions which are neither for damages because of violation of a contract
2. Applicable only to completely executory contract where no performance has yet made by both parties.
3. Not applicable where the contract is admitted expressly or implied by the failure to deny specifically its existence
4. Not applicable where a writing does express the true agreement of the parties
5. Does not declare that the contract is void but merely unenforceable
6. Defense of the statute of fraud may be waived
7. Defense of the statute of fraud is personal to the parties cannot be interposed by strangers to the contract
Agreement within the scope of the statute of frauds
1. Agreement not to be performed within one year the making thereof
2. Promise to answer for the debt, default, or miscarriage of another
3. Agreement in consideration of marriage other than mutual promise to marry
4. Agreement for sale of goods at price not less than Php500.00
5. Agreement for leasing for a longer period of time than one year
6. Agreement for the sale of real property or of an interest therein
7. Representation as to the credit of a third person
Article 1405
Modes of ratification under the statute of frauds
1. By failure to object to the presentation of oral evidence to prove the contract
2. By acceptance of benefits under the contract
Article 1406
Right of a party where contract enforceable
A party to an oral sale of real property can now compel the other to put the contract in a public document for purpose of registration
The right of one party to have the other execute a public document is not available in a donation of realty when it is a private instrument because the donation is void
Article 1407
Where both parties are incapable of giving consent, the contract then is unenforceable. However, if the parent or guardian, as the case may be, of either party, ratifies the contract it becomes voidable. If ratification is made by both parties, the contract is then valid.
Article 1408. Unenforceable contracts cannot be assailed by third persons.
Stranger cannot question the unenforceability of the contract since the benefit of statute can only be claimed by one who is a party to the oral contract.
Claris M Paligar
1BSA-A
This is some of my take aways and notes about this chapter.
Article 1390. The following contracts are voidable or annullable, even though there may have been no damage to the contracting parties
Article 1391. The action for annulment shall be brought within four years.
Article 1392. Ratification extinguishes the action to annul a voidable contract.
Confirmation
Ratification
Acknowledgment
Article 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.
Article 1394. Ratification may be effected by the guardian of the incapacitated person.
Article 1395. Ratification does not require the conformity of the contracting party who has no right to bring the action for annulment.
Article 1396. Ratification cleanses the contract from all its defects from the moment it was constituted.
Article 1397. The action for the annulment of contracts may be instituted by all who are thereby obliged principally or subsidiarily. However, persons who are capable cannot allege the incapacity of those with whom they contracted; nor can those who exerted intimidation, violence, or undue influence, or employed fraud, or caused mistake base their action upon these flaws of the contract.
Article 1398. An obligation having been annulled, the contracting parties shall restore to each other the things which have been the subject matter of the contract, with their fruits, and the price with its interest, except in cases provided by law.
Article 1399. When the defect of the contract consists in the incapacity of one of the parties, the incapacitated person is not obliged to make any restitution except insofar as he has been benefited by the thing or price received by him.
Article 1400. Whenever the person obliged by the decree of annulment to return the thing can not do so because it has been lost through his fault, he shall return the fruits received and the value of the thing at the time of the loss, with interest from the same date.
Article 1402. As long as one of the contracting parties does not restore what in virtue of the decree of annulment he is bound to return, the other cannot be compelled to comply with what is incumbent upon him.
Quiom, Christine B.
1BSA-B
Pamantasan ng Cabuyao
Good day Atty. The following is a summary of what I learned in this lecture.
Article 1390 refers to voidable contract. It is valid but consent is vitiated by FIVUM or fraud, intimidation, violence, undue influence or mistake.
Article 1391 provides when period will begin in filing an action for annulment in case of different vices. Period start in case of;
* Intimidation, Violence, Undue influence- when defect ceases
* Mistake, Fraud- time of discovery
* Minors, Others- time guardianship ceases
Article 1392 states that ratification cleanses the contract from all its defects because one party voluntarily adopts the contracts defectivity.
Article 1393 gives the 2 kinds of ratification. It may be express or implied. The requisites of implied ratification are awareness of reason why contract became voidable, this reason must have ceased and injured party implies waiver. It has the same requisites for express ratification.
Article 1394 refers to who may ratify a contract entered by incapacitated person. These are guardian and injured party who is already capacitated.
Article 1395-1396 states that ratification is unilateral act and its effect is retroactive.
Article 1397 relates to the principle "He who comes to court must come with clean hands" means guilty party is not qualified to ask for annulment. Only plaintiff or victim must assert.
Article 1398 gives the general rule that if the parties must restore to each other(mutual restitution) when contract is annulled.
Article 1399 states the exception to the general rule that incapacitated person is not obliged to restore unless benefited while the other party is bound to its obligation to return even if he's benefited or not.
Article 1400 is about loss of the thing and its effect. If without debtor's fault, obligation is extinguished. Conversely, if with debtor's fault, the effect is indemnification plus fruits/interest.
Article 1401 indicates extinguishment of action for annulment. This is thing lost through plaintiff fault/fraud and right of action based upon incapacity of one party.
Article 1402 states that annulment of contract arises to mutual restitution. However, if a party cannot restore, annulment is not a remedy.
Article 1403-1404 is about unenforceable contracts. These are contract which cannot be enforced because of defects unless ratified.
Statutes of fraud- prevent fraud and mistake by requiring certain written agreements.
Contracts can be:
*executory- in preparation of another contract.
*executed- accomplish/performed.
One of the fundamental principle of statute of fraud is that contract must be completely executory meaning no performance has yet been made.
Article 1405 pertains to modes of ratification under statute of fraud. It is by failure to object to testimonial evidence and by acceptance of benefits under the contract.
Article 1406 is about sale of real property which must be in a public instrument/document for purpose of registration.
Article 1407 provides the status of contract if;
* one party incapable - voidable
* both parties are incapable- uneforceable
* both parties ratified- valid.
Article 1408 states that unenforceable contracts cannot be question by a third person. Thank you Atty.
Azagra, Mark Johndave A.
1 BSA-B PNC
Goodmorning Atty. Here are the summary of what i've learned on this discussion.
ARTICLE 1390
• Discuss if contracts are voidable or annullable, even though there may have been no damage to the contracting parties:
✓Those where one of the parties is incapable of giving consent to a contract.✓Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud.
ARTICLE 1391
• Discuss 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.
ARTICLE 1392
• Ratification extinguishes the action to annul a voidable contract.
1.Confirmation.
2. Ratification.
3. Acknowledgement.
ARTICLE 1393
• Discuss the act of curing the defect of lack or excess of authority of the party who entered into the contract through another without the latter's authorization. It covers voidable contracts, and specifically refers to unenforceable contracts.
ARTICLE 1394
• Discuss the ratification may be effected by the guardian of the incapacitated person. The guardians however may ratify the defective contract in their behalf. ... If the incapacitated person becomes capacitated, they themselves may ratify their defective contract.
ARTICLE 1395
• Discuss ratification does not require the conformity of the contracting party who has no right to bring the action for annulment.
ARTICLE 1396
• Discuss ratification cleanses the contract from all its defects from the moment it was constituted.
ARTICLE 1397
• Discuss the action for the annulment of contracts may be instituted by all who are thereby obliged principally or subsidiarily. However, persons who are capable cannot allege the incapacity of those with whom they contracted; nor can those who exerted intimidation, violence, or undue influence, or employed fraud, or caused mistake base their action upon these flaws of the contract.
• PARTY ENTITLED TO BRING AN ACTION TO ANNUL.
ARTICLE 1398
• Discuss that an obligation having been annulled, the contracting parties shall restore to each other the things which have been the subject matter of the contract, with their fruits, and the price with its interest, except in cases provided by law.
ARTICLE 1399
• Discuss when the defect of the contract consists in the incapacity of one of the parties, the incapacitated person is not obliged to make any restitution except insofar as he has been benefited by the thing or price received by him.
ARTICLE 1400
•Discuss whenever the person obliged by the decree of annulment to return the thing cannot do so because it has been lost through his fault, he shall return the fruits received and the value of the thing at the same time of the loss, with interest from the same date.
ARTICLE 1401
• Discuss the action for annulment of contracts shall be extinguished when the thing which is the object thereof is lost through the fraud or fault of the person who has a right to institute the proceedings.
ARTICLE 1402
• Discuss that as long as one of the contracting parties does not restore what in virtue of the decree of annulment he is bound to return, the other cannot be compelled to comply with what is incumbent upon him.
ARTICLE 1403
• Discuss the "Statute of Frauds" defined requires that certain contracts be in writing, and that they be signed by all parties to be bound by the contract. Contracts for the sale of an interest in land. Contracts by the executor of a will to pay a debt of the estate with his own money.
ARTICLE 1404
• Discuss unauthorized contracts shall be governed by article 1317 and the principles of agency in Title X of this Book. No one may contract in the name of another without being authorized by the latter, or unless by law or right to represent him.
ARTICLE 1405
• Discuss the contracts infringing the Statute of Frauds, referred to in No. 2 of article 1403, are ratified by the failure to object to the presentation of oral evidence to prove the same, or by the acceptance of benefit under them.
ARTICLE 1406
• Discuss when a contract is enforceable under the Statute of Frauds, and a public document is necessary for its registration in the Registry of Deeds, the parties may avail themselves.
ARTICLE 1407
• Discuss that in a contract where both parties are incapable of giving consent, express or implied ratification by the parent, or guardian, as the case may be, of one of the contracting parties shall give the contract the same effect as if only one of them were incapacitated.
ARTICLE 1408
• Unenforceable contracts cannot be assailed by third persons.
1. Strangers Cannot Assail
2. Unenforceable Contracts
Thank you Atty. and Godbless
Rivas, Krisha Eunice G.
1BSA-A
Pamantasan ng Cabuyao
Good day Attorney, here are my takeaways on this video.
Chapter 7 ( Voidable Contracts)
Article 1390- voidable or annullable contracts are those which possess all the essential requisites of a valid contract but one of the parties is incapable of giving consent, or consent is vitiated by mistake , violence , intimidation , undue influence , or fraud. There Are two kinds of voidable contracts; legal incapacity to give consent when done by mistake , violence , intimidation , and you influence , or fraud. Annulment is a remedy provided by law , reason of public interest , for the declaration of the inefficacy of a contract based on a defect or b in the consent of one of the contracting parties in order to the restore then to their original condition in which they were before the contract was executed.
Article 1391- the four-year period for bring an action for annulment of a voidable contract is reckoned: in cases of intimidation , violence , for undue influence , from the time the intimidation , etc... ceases. And mistake or fraud , from the time it is discovered.
Article 1392- ratification means that one voluntarily adapt or approve some defective or a motorized acts on contract. It cleanses from its defects from the moment it was constituted.
Article 1393- express and implied are the two kinds of ratification. There must be manage of the reason which renders the contract voidable; such reason must have ceased; and the injured party must have executed an act which necessarily implies an intention to waive his right.
Article 1394- the guardian or the injured party in self provided he is already capacitated, they may ratified a contract entered into by an incapacitated person.
Article 1395- the consent of the guilty party is not required it's conformity because he has no right to bring the action for annulment.
Article 1396- ratification cleanses the contract of all its defects from the moment it was executed.
Article 1397- strangers are without right or personality to bring the action for they are not obliged by the contract.
Article 1398- if the contract is annulled , the parties , as a general rule , must restore to each other.
Article 1399- this provision is an exception to the general rule of mutual restitution under the preceding article.
Article 1400- there will be no more obligation to return such thing when it lost without the fault of the person obliged to make restitution and if it is lost through his fault the obligation is not extinguished but converted into an indemnity for damages.
Article 1401- the action for annulment shall be extinguished only if the loss is through the fault of bad of the plaintiff.
Article 1402- there will be no announcement of the party cannot restore what he is bound to return.
Chapter 8 ( Unenforceable Contracts)
Article 1403- unenforceable contracts are those that cannot be enforced or given effect in a court of law or sued upon by a reason on certain defects provided by law until and unless they are ratified according to law .
Article 1404- an authorized contract are governed by article 1317.
Article 1405- the statute of frauds may be effective in two ways: 1) by failure to object to the presentation of oral evidence to prove the contract 2) by acceptance of benefits under the contract.
Article 1406- there must be a valid agreement and agreement must not infringe the statute of frauds.
Article 1407- by both parties to a contract are incapable of giving consent , the contract is unenforceable.
Article 1408- strangers to avoidable contract cannot bring an action to annul the same, they cannot question a contract because of its unenforceability.
Thank you.
Azada, Leonardo Daniel T.
1BSA-A
PnC
Good day Atty. Here are my key takeaways from this video lecture, Voidable Contract, and Unenforceable Contracts.
Article 1390: Voidable contract refers to a valid contract but one of the parties is incapable of giving consent, or consent is initiated by fraud, intimidation, violence, undue influence, or mistake.
Article 1391: This article only applies to the parties in the contract, and if the complainant failed to pursue action within the prescribed period of law, then the contract could be extinguished.
Article 1392: This article talks about ratification and this is when one voluntarily adopts or approves some defective or unauthorized act or contract, without his approval or consent, would not be binding on him.
Article 1393: There are two kinds of ratification, first is express, and second is implied.
Article 1394: The diverse forms in implied ratification are by silence or acquiesces, by acts showing adaptation or approval of the contract, and by acceptance and retention of benefits flowing therefrom.
Article 1395: This article states that the consent or conformity of the guilty party to ratification is not required because ratification is unilateral.
Article 1396: If the voidable contract is ratified, then there will be a retroactive effect.
Article 1397: Requisites to bring an action for annulment are, the plaintiff must have an interest in the contract and the aggrieved party must assert the same.
Article 1398: The general rule states that if the contract is annulled, the parties must restore to each other.
Article 1399: An incapacitated person is not obliged to restore what he had received unless he benefited.
Article 1400: If the loss of the thing is not the fault of the debtor, then the obligation would be extinguished if it's the debtor's fault the treatment would be paying indemnity for damages plus its fruits and interest.
Article 1401: If the thing is lost through the plaintiff's fault or fraud, then the extinguishment of action for annulment could be enforced.
Article 1402: This article states that when a contract is annulled, reciprocal obligation of restitution is created.
Article 1403 - 1404: Unenforceable contracts cannot be enforced or given effect in a court of law or sued upon reason of certain defects provided by law until and unless they are ratified. Statute of frauds enacted only to prevent fraud but also to guard against the mistake of honest men by requiring that certain agreements must be in writing.
Article 1405: By failure to object to the presentation of oral evidence to prove the contract and by acceptance of benefits under the contract are the listed modes of ratification under the statute of fraud.
Article 1406: This article states that the right of one party to have the other execute a public document is not available in a donation of realty when it is in a private instrument because the donation is void.
Article 1407: This article states that when both parties are incapable of giving consent, the contract then is unenforceable.
Article 1408: Stranger cannot question the in enforceability of the contract since the benefit of statute can only be claimed by one who is a party to the oral contract.
Capillo, Aiberlyn C.
IBSA-A PNC
Good day atty! Some of the notes I have taken from this video are as follows:
Chapter 7: Voidable Contracts
Article 1390- Voidable contracts are valid and binding between the parties unless annulled by a proper action in court by the injured party.
Article 1391- Action for annulment shall be brought within four years.
Article 1392- Ratification cleanses the contract from all of its defects from the moment it was constituted therefore, the contract becomes valid.
Article 1393- Ratification may be express ( when it is manifested in words or writing) or implied/tacit ( acts showing adoption or approval of contract).
Article 1394- Guardians have the power to contract on their behalf, therefore, they may also ratify contracts entered into by their wards.
Article 1395- Ratification is unilateral act by which a party waives the defect in his consent.
Article 1396- Ratification cleanses the contract from all of its defects from the moment it was executed, therefore, it also extinguishes the right of action to annul.
Article 1397- Two requisites that are required to confer the necessary capacity to bring an action for annulment of a contract: The plaintiff must have an interest in the contract and the victim and not the party responsible for the defect is the person who must assert the same.
Article 1398- The purpose of the annulment is to restore the parties to their original situation by mutual restitution.
Article 1399- An incapacitated person is obliged to make restitution only to the extent that he was benefited by the thing, or the price received by him.
Article 1400- If the thing to be returned is lost without the fault of the defendant, there is no more obligation to return such thing. If the loss is through his fault, obligation is not extinguish but is converted into an indemnity for damages.
Article 1401- Action for annulment shall be extinguished only if the loss is through the fault or fraud of the plaintiff.
Article 1402- There will be no annulment if the party cannot restore what he is bound to return even if the loss of the thing to be restore is due to a fortuitous event.
Chapter 8: Unenforceable Contracts
Article 1403- Unenforceable contracts are those that cannot be enforced in a court of law by reason of certain defects provided by law unless they are ratified according to law.
Article 1405- Contracts infringing the Statute of Frauds are ratified by the failure to object to the presentation of oral evidence to prove the same, or by the acceptance of benefits under them.
Article 1406- When contract is enforceable under the Statute of Frauds, and the public document is necessary for its registration in the Registry of Deeds, the parties may avail themselves of the right under article 1357.
Article 1407- If both parties to a contract are incapable of giving consent, the contract is unenforceable however, if the ratification is made by the parents or guardians of both parties, the contract is validated, and its validity retroacts to the time it was entered into.
Article 1408- Strangers to a voidable contract cannot bring action to annul neither assail the contract because of its unenforceability.
Thank you Atty.
Agdefa, Cristine Bernadette Y.
1BSA-B
Good Day, Atty.! Here are my key takeaways on this video tutorial regarding voidable and unenforceable contracts.
The first article in this video tutorial gave the meaning of voidable contracts which those contracts that are valid until annulled. Consent in this type of contract is vitiated by fraud, intimidation, violence, undue influence, or mistake. The action for annulment was discussed in the next article, which must be launched within four years. Article 1392 states that if a person freely accepts or authorizes an improper act or in simple term ratifies it ends the act of nullifying a voidable contact. The kinds of the ratification and the requisites for it was discussed in Article 1393. The question of who has the authority to approve is dealt in Article 1394. Ratification is said to be performed by the incapacitated person's guardian. Because ratification is unilateral according to article 1395, it does not necessitate the conformity of the contracting parties, who have no right to institute an action for annulment. Moreover, according to Article 1396, ratification absolves the contract of any flaws from the moment it was formed. And, ratification has a retroactive effect. Moving on to the requisites for bringing an action for annulment which are laid out in Article 1397. That same article also further emphasizes that a stranger has no legal standing to question a contract's legitimacy. And when a contract is annulled, as a general rule, the parties must return the subject matter with its fruits, as well as the costs incurred with lawful interest, to each other, according to Article 1398. However, the exception to this general rule was set forth in article 1399 in which according to this article, a disabled person is solely responsible for restitution to the extent that he benefited from the object or payment he received. Article 1400 discusses the effect of the loss of the thing to be returned, and whether or not a person is still obligated to make restitution with damages. While Article 1401 described the extinguishment of an action for annulment, which can be things lost due to the plantiff's fault/ fraud or the right of action is founded on the incapacity of one of the contracting parties. And, article 1402 explained that the contract's annulment will result in reciprocal restitution, however if one party fails to return what is owed to them there’s no annulment will occur.
Moving on to the unenforceable contracts or those cannot be executed or sued in a court of law unless they are ratified (Article 1403). In article 1404, one kind of unenforceable contract was discussed which is the unauthorized contracts. Unauthorized contracts are contracts entered in the name of another by one without authority. The modes of ratification under the status of frauds are described in Article 1405. Furthermore, unless the transaction is a charity, article 1406 specifies that sales made orally may still be required to be recorded in a public document for registration. Article 1407 reaffirmed that consent granted by two incapable persons is not unenforceable, but it becomes voidable once the guardian approves it. It will also be valid if the contract is ratified by both parties. And the last article tackled in this video states that an unenforceable contract cannot be challenged by a third party. Thats all and thank you for this video lecture, Atty.!