HANDOUT NO.

18

DISTINCTIONS RESCISSIBLE VOIDABLE UNENFORCEABLE VOID/INEXISTENT

As to Defect Damage or injury to Vitiation of consent or Without or in excessAbsolute lack either in
one of the parties or to one of the parties is of authority, or does
fact or in law of one
a third person incapacitated not comply with the
some or all essential
Statute of Frauds, or
requisites of a
both parties are
contract, contrary to
incapacitated Art. 1306 NCC,
prohibited or declared
by law to be void
As to Effect Valid until rescinded Valid until annulled Cannot be enforced Does not produce
by court action effects
As to Remedy Rescission Annulment xxxx Declaration of
Absolute Nullity or
Inexistence
As to Grounds Arts. 1381-1382 Art. 1390 Art. 1403 Art. 1409
As to Ratification Cannot be ratified May be ratified May be ratified Cannot be ratified
As to Prescription Prescriptible Presrciptible ------- Imprescriptible
AS to Assailability by Assailable by party or Assailable by party Assailable by party Assailable by a party
Third Persons by a third person only only or by a third person
who is directly
affected

Source: Obligations and Contracts, Desiderio Jurado, 2012 edition

Pointers in Bar examinations, Garcia, 2012 edition

A. Villegas