KINDS OF DEFECTIVE CONTRACTS
KINDS OF DEFECTIVE CONTRACTS
1. Recessible Contracts
2. Voidable Contracts
3. Unenforceable Contracts
4. Void or Inexistent Contracts
Rescissible (Article 1380-1389) Voidable (Article 1390-1402) Unenforceable (Article 1403-1408) Void ( Article 1409 -1422)
ALL essential requisites of a contract exist. All the essential requisites of a contract exist All essential requisites exist but unenforceable due All or some of the essential requisites to non-compliance with statutory requirements that of a contract does not exist. contracts must be in writing. Reason: One of the Parties or a third person Incapacity to give consent of a party or Non-compliance with the statute of fraud. Non-compliance with the essential incurs DAMAGE. Consent is vitiated by M,V,I,UI & F. Cannot be enforced in court by reason of requisites of a contract. Existence of Damage is not necessary. defects provided by law until n unless ratified
Remedy: Rescission- in order to secure re- Annulment of Contract- for the declara- Ratification: effected either by failure to object Not subject to ratification. Has no effect paration of the damages caused by a valid tion of the inefficacy of a contract based to the presentation of oral evidence which amounts at all. contract to the parties or third person. on defect or vice in the consent of one of to a waiver and makes the contract binding as if By means of restoration of things to their the contracting parties. To restore them it has been reduced to writing OR by acceptance of Judicial Declaration of nullity is secured condition in which they were prior to the to their original position. benefits under the contract, in this instance the to give peace of mind to the parties celebration of said contract. contract is no longer executory. and avoid the taking of the law into
It is a subsidiary remedy hence can only be availed if the party injured has no other
legal
1. Recessible Contracts
2. Voidable Contracts
3. Unenforceable Contracts
4. Void or Inexistent Contracts
Rescissible (Article 1380-1389) Voidable (Article 1390-1402) Unenforceable (Article 1403-1408) Void ( Article 1409 -1422)
ALL essential requisites of a contract exist. All the essential requisites of a contract exist All essential requisites exist but unenforceable due All or some of the essential requisites to non-compliance with statutory requirements that of a contract does not exist. contracts must be in writing. Reason: One of the Parties or a third person Incapacity to give consent of a party or Non-compliance with the statute of fraud. Non-compliance with the essential incurs DAMAGE. Consent is vitiated by M,V,I,UI & F. Cannot be enforced in court by reason of requisites of a contract. Existence of Damage is not necessary. defects provided by law until n unless ratified
Remedy: Rescission- in order to secure re- Annulment of Contract- for the declara- Ratification: effected either by failure to object Not subject to ratification. Has no effect paration of the damages caused by a valid tion of the inefficacy of a contract based to the presentation of oral evidence which amounts at all. contract to the parties or third person. on defect or vice in the consent of one of to a waiver and makes the contract binding as if By means of restoration of things to their the contracting parties. To restore them it has been reduced to writing OR by acceptance of Judicial Declaration of nullity is secured condition in which they were prior to the to their original position. benefits under the contract, in this instance the to give peace of mind to the parties celebration of said contract. contract is no longer executory. and avoid the taking of the law into
It is a subsidiary remedy hence can only be availed if the party injured has no other
legal