492 CONTI INTRACTS “(H)@ who comes to court mus! e 2 Annulment is 2884 on. vated consent: hence, damege vain? Sean hands This. principle. applies Immaterial. Retssion is based on lesion or damage. capacitated persons who cannot seek the annulment of 2%: iment, @ action is principal. In rescission, the action) the contract on the ground of the incapacity of the other party. 4 ment is 2 sanction wh=) © 'aw predominate Effects of annulrnent scission is a medy where eq pr ies tions created by annulment nt is failable only iy or susdianly. Re: 19 part but also to th erties. whether bo is available not only to Persons whose interests The things whi nis relted to prevent annulment white ca ‘matter of the contract, w nner b) The price with its interes: (Art. 1398) nt of cidable contracts. 2) obigations to, render serves, ine vie the basis of damages. ction muse brought (prescriptive period): othe J thereof shall be Contract can no leer be set aside) OMnerwise they 1398) Se of the partes The acto ‘or annulment must be brought within four (4) 3) Reston when _ one Pi years which perioshall begin: incapacitate 4 is no 2 In cases’ intimidation, violence or undue influence, See Te fom the f® the defect in the consent ceases. been benefited by the thing or price received by b. In case ofistake or fraud, fror 1m the time of discovery of him, (Art. 1399) pe 4) When the thing is lost through the fault of the c cases (minority oF other incapacity of a party, from Beh ONIRB tac pe annulment the time gtlanship ceases. (art 1361) lowing Who may bring ach for annulment ‘The said party shall return the follows a The actioror nt may be instituted by all ea ee are ee are thereby obiigt ly or subsid Fe b) Value of the thing at the time of the loss. Hence, it cannot bio @) Interest from the time of the’ ss, (Art by the following: pc) 8 The guard of the incapacitated gerson dung the Se ee arcrt ee if one party cannot restore what he & The incapated person ater ne nas attained capacity, bound to retury in the decree of annulment the © The party vese consents vitated by mistake, violence intimidation indue influence or fraud. (Thus, persone who empio#l Such vices of consent cannot base ther ‘actions on ith flaws of the contract. ‘This is based on ‘other cannot be com is incumbent upon him . (Art. 1402)