con’ Allenations by onerous tite (such as sale or exchange) Onerous alienations are Presumed fraud aade by Persons against whom ‘sone judgment eared in any instance or some. writ or attachment has Propeny aire, decision or attachment heey ot refer to party alienated, and need not have tees obtained by Party Seeking rescission. (Art. 1387) : Examples: * Bowes C 100,000.00. When 0 deta its, C sues ane Oblains a favorable judgment aga Say to T. the sale is presum, Was made by D who has a decision C of any other creditor may ask for le sal ' against D to collect 100,000.00 stich a tot of D (Lot 1). The col his (Lag pnt Of attachment. Later, D sells 2 NS Lot2) to T. The sale of Lot 216 procera Decause it was made by Dagan allachment has been. issued. sy may Sue for the rescission of the sal Possible because the law attachment need not reer to the py reed ‘701 have been obtained ‘by rescission’. (Art. 1387) \ Liability for damay fraud of creditors 1 '90° Of persons acquiring things in alienations in MF the purchase was made in bad faith syne Purchaser in bad faith shail indemnity the creditors for damages suffered by them or account rn Mere allenations, the fist acquirer t 1388) provided tthe purchase was made in good faith cc _—s«/ iudulent intention notwithstanding the frat : dleposing the property. Hence, rescission i ere ore subsonen. tanstes liable even if they were in bad fai Voidable Contracts Voidable contract, concept on of the A olsbis corre one. Wet dtectve by reason ot he fee ere eee saa es wrt. Its led by a proper action in on The following are voldable or annullable contracts eee Those where one of the parties is incapable of gi 1 0 a contract. : The following are incapable of giving consent to contract a” Unemancipated minors. Insane or demented persons. : £ Deat-mutes who do not know how to write, (Art. 1327) lence, tiated by mistake, vio! where the consent is. vi *ntmidaton undue inuence or aud (At 190) oe Those where consent is given in a state of drunkennes: 3 wi 1328) ‘ Those where consent is given during a hypnotic spell. ( c 1328 } Annulment, concept ntract. Annulment is the action brought to set aside a voidable cor ovement EC: : "Contac." eacesion os ‘vaied of to produce the neficaey wich dt exstin he contract