DEFECT Economic Vices of Lack of form, Lack of essential
Prejudice Consent authority, or elements or illegality capacity of both parties EFFECT Valid and Valid and Cannot be enforced No legal effect enforceable enforceable by proper court until annulled until annulled action PRESCRIPTION OF 4 yrs 4 yrs 1 and 3 of 1403 – No prescription ACTION action can prescribe CURATIVE Can be cured Can be cured Cannot be cured Cannot be cured EFFECT OF PRESCRIPTION RATIFICATION Do not need Can be Can be ratified Cannot be ratified ratification ratified ASSAIL, Not just the Only the Only the contracting Not just the QUESTION, contracting contracting parties contracting parties, ATTACK parties, but parties but also 3 rd persons also 3 rd persons whose interest are who suffered directly affected damage or injury DIRECT OR Direct attack Both Both Both COLLATERAL only ATTACK