VALID RESCISSIBLE VOIDABLE UNENFORCEABLE VOID

VALID RESCISSIBLE VOIDABLE UNENFORCEABLE VOID

1306 - not contrary to law, morals,
good customs, public order, or
public policy
1313 - accion pauliana (contracts to
defraud creditor)
1317 - if the person is authorized 1317 - If the person is not authorize
and followed the scope of authority or give his consent.
in more advantageous way.
1318 - if one of the essential
element of contracts is missing
1327 – if one is incapacitated 1327 – if both is incapacitated 1327 – if one or both are prohibited
1328 – Lucid Interval 1328 – Hypnotic spell; state of
drunkenness;
1330 – if one of the VICES OF 1330 – if there is no consent, the
CONSENT is present; contract is VOID
If there is vitiated consent the
contract is voidable
1331 – mistake of law; 1331 – mistake of facts;
Instances of mistake of facts
Simple mistake of account (Substance of the thing, Condition to
which have principally moved one or
both parties from entering into a
contract, and Identity or
qualifications of one of the parties)
1333 – effect of knowledge of risk
1334 – if the requisites for the
application of mistake of law are
present
1335 - A threat to enforce one's 1335 – violence and intimidation
claim through competent authority, if
the claim is just or legal

1338 – Dolo Incidente 1338 – Dolo causante

 VALID RESCISSIBLE VOIDABLE UNENFORCEABLE VOID

1340 – Sales Talk; Usual

Exaggeration in Trade/ Sales Talk;
Caveat Emptor

1341 – if the expression of an

opinion was told by an expert

1342 - Misrepresentation by a third 1342 - such misrepresentation has

person does not vitiate consent created substantial mistake and the
same is mutual

1346 – Relative simulation of 1346 – Absolute simulation of

contract contract;
Effect of exception to relative
simulation of contract
1351 – if the motive is illegal 1351 – if the cause is illegal
1352-1353 – failure of cause; 1352-1353 – absence / want of
Insufficient / Inadequate cause; cause;
1355 – Lesion / insufficient cause; Illegal cause;
Gross inadequacy; False cause

1356 - Form to bind third persons – 1356 - Form for 1356 - Form for VALIDITY – form
required public instrument AND ENFORCEABILITY / enforcement – varies (it can be written, public
registered. If did not comply, the the contract must be in writing or document, or registered) if did not
effect is VALID only for the parties; written, if did not comply the effect if comply, the effect is VOID;
Form of validity UNENFORCEABLE
a. Writing Form of validity
- Written interest Form of Enforceability a. Writing
- Sale of land through an - Oral sale of real property - Oral interest
agent (Writing) - Oral sale of personal - Antichresis must be in
b. Public Instrument property of 500 below writing, if not VOID
- donation of real property - Oral antichresis – VOID
through public instrument - Donation of personal
- Sale of land through public property value in excess of
instrument 5,000
c. Registered - Sale of land through an
- registered chattel mortgage agent (Oral)
- registered sale of large cattle b. Public Instrument
- oral donation of real property
 VALID
Form of Enforceability
- Written sale of real property,
valid only to the parties
- Sale of personal property –
500 or more
- Written Sale of personal
property – 500 or more –
VALID to the parties
1381 – guardian sells the property
more than ¼ of the value, there is
lesion;
1386 – no rescission in contracts
approved by the court
1407 – both guardian ratifies
RESCISSIBLE VOIDABLE UNENFORCEABLE VOID
- written donation of real property
- Oral sale of land
- Sale of land through writing
c. Registered
- oral chattel mortgage
- written chattel mortgage
- public instrument chattel
mortgage
- oral sale of large cattle
- written sale of large cattle
- public instrument sale of large
cattle
1359 - Cause to have failure to have
meeting of minds (M, F, IC, A)
1378 - If doubt is impossible to settle
– apply all the tools for interpretation
1381 - Guardian sells the property of
minor (worth of 100k) for 70k
1387 - When alienation presumed in
fraud of creditors
1407 – one guardian ratified
One of the party is minor Both party is minor