Alberto, Jenner S.

Quiz # 4
BSA II Obligations and Contracts (Oblicon)

  Rescissible Viodable Unenforceable Void

Economic Damage or
Lesion to one of the parties
or to a third person, a
Cause of Defect
special declaration by law
that the contract is subject
to rescission (Art 1381)
They are considered valid
and legally enforceable
As to Effect
until Judicially rescinded
(Art 1380)
Action for rescission
As to Prescription prescribes after four (4)
years (Art 1389)
Incapacity of one of the
contracting parties to give
consen, or vitiated consent
due to presence of "Vices
of consent" (Art 1390)
They are considered valid,
binding and enforceable
until judiciallyannuled.
(Art 1390, last paragraph)
Action for annulment also
prescribes after four (4)
years (Art 1391)
It was entered into in
behalf of another person
without authority or in
excess thereof, Absence of any of the
noncompliance with the essential requisites of a
Statute of Frauds; contract (consent, object,
Incapacity of both cause) (Art 1409)
contracting parties to give
consent. (Art 1403, Art
1407
They are inoperative until Generally they do not
ratified in. They are not produce legal effects, there
enforceablein court without are few exceptions for
proper ratification (Art example void marriages
1405) under Art 36
Action for recovery, or
action for specific
performance or for
damages for breach of Action for declaration of
contrac, also prescirbe. nullity or the putting of the
There being no specified defense of nullity of
period, it could be 10 years contract does not prescribe
if the basis of the action is (Art 1410)
a written contract, or 6
years if unwritten (Art
1144, Art 1145)
 This is just a personal
defense when the plaintiff
Rescission or rescissory pursues a specific Declaration of nullity of the
As to Curability Annulment of contract
action performance case or contract.
complaintfor damages
based on breach of contract
Susceptible of Not susceptible of
Susceptible of ratification Susceptible of ratification
As to Ratification convalidation but not of ratification (Art 1409 last
(Art 1392) (Art 1495)
ratification proper paragraph)
Generally must be a
contracting party
Third person can not assail
He must be a contracting principally or subsidiary He must be a contracting
the contract unless his
As to Challenging Party party except creditors who obliged under the contract party, third person cannot
interests are directly
are defrauded (Art 1397) exception: A assail it (Art 1438)
affected
third party who is
prejudiced.
It must be a direct action. Direct action is needed
As to Direct/Collateral Indirect attack is allowed in It may be attacked directly
Collatereal attack is not either in the complaint or
Assailment the form of a defense. or indirectly.
allowed as counter claim.