Rescissible Voidable Unenforceable Void/Inexistent

As to defect Damage to a party Vitiation of Without or in Absolute lack of

or to the third consent excess of essential requisites
person authority, or does in fact or law
not comply with
Statute of Fraud or
both parties are
incapacitated

As to Effect Valid until Valid until Cannot be Does not produce

rescinded annulled enforced by court effects
action
As to Nature of Rescission-a mere Annulment- not xxx Absolute nullity or
Remedy remedy only a remedy but inexistence not
a sanction only a remedy but
a sanction
As to basis of Equity- therefore Law-therefore, xxx Law- therefore
remedy public interest private interest private interest
predominates predominates predominates
As to grounds Different (Art. Different (Art Different (1403) Different (1409)
1381-1382) 1390)
As to Necessity of necessary Not necessary Not necessary Not necessary
Damage
As to ratification Cannot be ratified May be ratified May be ratified Cannot be ratified

As to prescription prescriptible prescriptible - imprescriptible

As to assailability Assailable by a Assailable by party Assailable by party Assailable by a

by 3rd persons aprty or by a third only only party or by a 3rd
person who is person who is
damaged directly affected