conti 4. Effect of loss of : thing while hi in the posse: 1a Fah! © bing the action or annus” of e pa If lost through his. fa ‘ ult, extinguished, whether poe ya for annul nsentis vitiated incapacitated b. will be required to re al fruits (art. 1388) and only up to tne een benefited. (Art: 1399) Ratification, concept Ratification is the ad defective because of a sgnseP tO" OF affirmation of 9 contract wi Vitiated cons: ent or incapac Rules on ratification it 4 How ratifi a b loation is made Express ~ When made rally oF in writing Who may ratty (the same a The guardia latter's incay Persons who may annul the IN Of the i pacity "M* MeaPactated person a ‘The incapacitated person atter he The part b. ‘7 has attained cap 0 by mistake, ud (hence, th nt cannot, TRACTS, 195, Note: Ratification does not require the conformity of the person who has no right to bring the action for annulment. (Art. 1395) Effects of ratification 't extinguishes the action to annul a voidable contract. (art. 1382) ‘Once the party who has the i annulment of. the contract ratifies it, he can no longer subsequently bring the action for annulment. It cleanses the contract from all its defects from the moment it was constituted. In other words, the contract is validated from inception, Unenforceable Contracts inforceable contract, concept ‘An unenforceable contract is one that cannot be enforced unless fied, Int to defense of unenforceability This right is available only to the contracting parties. snforceable contracts cannot be assailed by third persons. (Art (08) following are unenforceable contracts: ‘Those entered into in the name of another person by one who has been given no authority or legal representation, or who has ‘acted beyond his powers. (Art. 1403) Under 1317, no one may contract in the name of ‘another without being authorized by the latter, or unless he has ight to represent him. Such contract, if entered into, shall "be unenforceable, unless it is ratified, expressly or impliedly, oy the person in whose behalf it has been executed, before it is revoked by the other contracting party. Examples: a. A sells P's car to B in the name of P without P's authority. B cannot enforce the contract against P unless P ratifies it.