Art 1191 Resolution Art 1380 Resolution

Similarities 1. Presuppose contracts validly entered into existing

Recsission vs annulment: the latter there is defect which
vitiates/invalidates the contract
2. Mutual restitution when declared proper
Who may demand Only by a party to the Party to the contract
contract suffering lesion
Third parties prejudiced
by the contract
Grounds Non-performance (implied Various reasons of equity
tacit condition in provided by the grounds,
reciprocal obligation) mainly economic injury or
lesions
Scope of judicial control Court determines Sufficiency of reason does
sufficiency of reason to not affect right to ask for
justify extension of time to rescission (cannot be
perform obligation refused if all the requisites
(whether slight or casual are satisfied)
breach)
Kind of obli applicable to Only to reciprocal Unilateral, reciprocal –
Even when contract is fully
fulfilled
Character Principal remedy Secondary/subsidiary