You are on page 1of 2

Art. 1364.

When through the ignorance, lack of skill, negligence or bad faith on the part of the
person drafting the instrument or of the clerk or typist, the instrument does not express the true
intention of the parties, the courts may order that the instrument be reformed.
What should be the mistakes that a drafter, clerk or typist, who did the mechanical act of preparing the
instrument can commit for an instrument to be able to be reformed?
The mistake must be due to his ignorance, lack of skill or bad faith.
Art. 1372. However general the terms of a contract may be, they shall not be understood to
comprehend things that are distinct and cases that are different from those upon which the parties
intended to agree. (1283)
Can the general terms used in a contract can comprehend things that are distinct and different from those
agreed upon by the parties?
No, no matter how general the terms used in a contract, they do not comprehend things that are distinct
and different from those agreed upon by the parties.
Carrot man built s house on a lot containing an area of 350 sqm. Cabbage man protested to the
construction alleging that their agreement was that Carrot man could occupy only that space where the
house was constructed. This interpretation is erroneous because if that was the intention they could have
used the words “portion” or “part” and not the word “lot”.
Art. 1380. Contracts validly agreed upon may be rescinded in the cases established by law. (1290)
Question 1
What is a rescissible contract?
Answer 1
A rescissible contract is one which contains all the essential requisites of a contract which make it valid, but
by reasons of injury or damage to either of the contracting parties or to third person, such as creditors, may
be rescinded.
Question 2
What are the characteristics of a rescissible contract?
Answer 2
1. It has all the elements of a valid contract;
2. It has a defect consisting in an injury to one of the contracting parties or third person, generally in
the form of economic damage or lesion, fraud, alienation of property subject of case in court without
the consent of the litigants or of the court;
3. It is valid and effective until rescinded;
4. It can be attacked only directly, either by one of the contracting parties or by an affected third
person, who is injured or defrauded by the contract;

If there are two or more alienations. (1313) Question 1 What are the consequences of ratification? Answer 1 One of the consequences of ratification of the contract is its legal purification and its being made as a regular and untainted contract. the first acquirer shall be liable first. still insisted on acquiring or purchasing the debtor’s property? Answer The person will be liable to return the property to the particular creditor/s who had successfully instituted the complaint for rescission. it should be impossible for him to return them. It is susceptible of convalidation only by prescription. Question 2 From what time shall the cleansing of the voidable contract retroacts? Answer 2 The cleansing of the voidable contract retroacts to the time of its constitution. Ratification process does not apply. Art. whenever. 1396. Art.5. and so on successively. 1388. Whoever acquires in bad faith the things alienated in fraud of creditors. . shall indemnify the latter for damages suffered by them on account of the alienation. due to any cause. Ratification cleanses the contract from all its defects from the moment it was constituted. (1298a) Question What is the liability of a person who being aware of the intention of the debtor to defraud his creditors.