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2. Who may institute action for annulment of voidable contracts?

Briefly
discuss. (10 points).

Under article 1302 of the Civil Code, "the action to annul a contract may
be brought by any person principally or subsidiarily bound thereby." The
plaintiff is not bound by the deed of sale executed by the deceased in favor of
the defendant. He has no obligation under the deed. "The action for the
annulment of contracts may be instituted by all who are thereby obliged
principally or subsidiary. As long as one of the contracting parties does not
restore what in virtue of the decree of annulment he is bound to return, the
other cannot be compelled to comply with what is incumbent upon him.
However, persons who are capable cannot allege the incapacity of those with
whom they contracted or those who exerted intimidation, violence, or undue
influence, or employed fraud, or even caused mistakes base their action upon
these flaws of contract.

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