(Art.

1380)

1. Rescissible contracts – all of the essential elements of a contract are present; contract is valid,
but by reason of injury or damage to either of the contracting parties or to 3rd persons, it may
be rescinded.
a. Contracts which are valid but are defective because of injury or damage to either of the
contracting parties or to third persons, as a consequence of which it may be rescinded
by means of a proper action for rescission

(Art. 1390)

2. Voidable contracts – element of consent of one of the contracting parties is vitiated either by
lack of legal capacity of one of the contracting parties, or by mistake, violence, intimidation,
undue influence, or fraud.
a. Those which possess all the essential elements for validity but the consent is vitiated
either by lack of legal capacity of one of the contracting parties or by mistake violence,
intimidation, undue influence or fraud even though there may have been no damage to
the contracting parties.

(Art. 1403)

3. Unenforceable contracts – Those entered into in the name of one person by another with no
authority therefor, or who acted in excess of authority and those which do not comply with the
Statutes of Frauds.

(Art. 1409)

4. Void or Inexistent contract – lacks absolutely either in fact or in law one or some of the
elements which are essential for its validity.