VOID OR INEXISTENT

CONTRACTS
ARTICLE 1409
OF
OBLIGATION AND CONTRACTS
REPORT BY:
PACSON, GEM YTRAM

The following contracts are void or inexistent

from the beginning:

CAUSE, OBJECT OR PURPOSE IS

ONTRARY TO LAW, MORALS, GOOD
CUSTOMS, PUBLIC ORDER AND PUBLIC POLICY

INTENTION OF THE PARTIES RELATIVE TO THE PRINCIPAL OBJECT OF

THE CONTRACT CANNOT BE ASCERTAINED.

IMPOSSIBLE SERVICE
CAUSE OR OBJECT DID NOT EXIST AT THE TIME OF THE TRANSACTION
PROHIBITED OR DECLARED VOID BY LAW
OUTSIDE THE COMMERCE OF MEN
THOSE WICH CONTEMPLATE AN

SIMULATED OR FICTITIOUS

ARTICLE 1409

Church
Is
Important
Than
Partying
On
Sundays

Meaning of VOID CONTRACTS

Generally produce no effect at all, because of
certain defects.
Considered inexistent from the very beginning.
The expression void contract is, therefore, a
contradiction in terms. However, the agreement
refers to an agreement tainted with illegality.

Meaning of INEXISTENT CONTRACTS

Refer to agreements which lack one or some or all
of the elements.
Does not comply with the formalities which are
essential for the existence of a contract.

CHARACTERISTICS OF A VOID OR INEXISTENT

CONTRACT
1. Generally, it produces no force and effect
whatsoever.
2. It cannot be ratified.
3. The right to set up the defense of illegality cannot be
waived.
4. The action or defense for the declaration of its
inexistence does not prescribe.
5. The defense of illegality is not available to third
persons whose interests are not directly affected.
6. It cannot give rise to a valid contract.