BOOK

IV, TITLE II: CONTRACTS Art. 1407: Ratification

CHAPTER 8: UNENFORCEABLE CONTRACTS
UNENFORCEABLE CONTRACT Article 1407. In a contract where both parties are
• Those which cannot be enforced by a proper incapable of giving consent, express or implied
action in court, unless they are ratified. ratification by the parent, or guardian, as the case
may be, of one of the contracting parties shall give
CAUSES: the contract the same effect as if only one of them
1. Contracts entered into in the name of another were incapacitated.
person by one without any authority or in
excess of his authority If ratification is made by the parents or guardians,
2. Those which do not comply with the Statute of as the case may be, of both contracting parties, the
Frauds contract shall be validated from the inception.
3. Those where both contracting parties are legally
incapacitated *This cannot be availed if there is partial or total
performance; deemed impliedly ratified through
Statute of Frauds (Art. 1403(2)) the performance

(a) An agreement that by its terms is not to be *If there is implied or presumed ratification, the
performed within a year from the making thereof; statute of frauds does not apply.

(b) A special promise to answer for the debt, UNENFORCEABLE RESCISSIBLE
default, or miscarriage of another; Contract cannot be Contract can be
enforced by a proper enforced unless it is
(c) An agreement made in consideration of action in court rescinded
marriage, other than a mutual promise to marry; Susceptible of Not susceptible of
ratification ratification
(d) An agreement for the sale of goods, chattels or Cannot be assailed by May be assailed by 3rd
rd
things in action, at a price not less than five 3 persons persons who are
hundred pesos, unless the buyer accept and receive prejudiced
part of such goods and chattels, or the evidences,
or some of them, of such things in action or pay at UNENFORCEABLE VOIDABLE
the time some part of the purchase money; but Contract cannot be Contract can be
when a sale is made by auction and entry is made enforced by a proper enforced unless it is
by the auctioneer in his sales book, at the time of action in court annulled
the sale, of the amount and kind of property sold,
terms of sale, price, names of the purchasers and
person on whose account the sale is made, it is a
sufficient memorandum;

(e) An agreement for the leasing for a longer period
than one year, or for the sale of real property or of
an interest therein;

( f ) A representation as to the credit of a third
person.

note: This is NOT subject to prescription

JTVS | Obligations & Contracts | 1M | Dean Ulan Sarmiento 1