MIDTERMS REVIEWER

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Article 1927 – Article 1330

Voidable Contract – A contract entered into where one a. Mga hindi nagiisip sa paggastos.
of the parties is incapable of giving consent to a Mqasyadong magastos.
contract is voidable. b. For example, namimigay lang basta-
basta ng kotse, binibili ang kahit
NOTE: A voidable conyract is valid and binding until it anong makita, etc. pwedeng gawing
is annulled by a proper action in court. It is suspectible void ng guardian ang mga kontratang
of ratification. pinasukan niya
c. Dapat placed under guardianship ang
Ratification. Approval of agreement by the state.
prodigal para maging voidable.
Vitiate (defective) consent. Voidable ang contract. 4. Deaf and dumb who are unable to read and
write
Always ask yourself if there is a defect in the contract. 5. Those who are of unsound mind even though
they have lucid intervals
They are incapacitated to give consent: (summary) 6. Those who, by reason of age, disease, weak
mind, and other similar causes, cannot without
1. Unemancipated Minors
outside aid, take care of themselves and
2. Insane or Demented
manage their property, becoming thereby an
3. Deaf-mutes who do not know how to write
easy prey for deceit and exploitation.
4. State of drunkenness
5. During a hypnotic spell Intelligent Consent is needed,
6. Contract given by:
a. Mistake Unemancipated Minors
b. Violence
c. Intimidation - below 18 years old that are subject to
d. Undue Influence parental authority.
e. Fraud - Can be emancipated by:
o by attainment of age of majority
Special disqualifications, they are considered o by marriage
incompetents and mad may be placed under o by the concession (something being
guardianship. granted) recorded in the Civil
Register, of the father or of the
1. Person suffering the accessory penalty civil mother who exercises parental
interdiction authority.
a. May malalang kasalanan o paglabag
sa batas ang taong napatawan ng civil Insane/Demented – in a lucid interval, a temporary
interdiction. period of sanity, a contact entered by an insane or
b. Ang civil; interfiction ay pagkawala demented person is valid.
ng karapatan sa kahit anong ari-arian
ng sarili at ng pamilya. Drunkenness – contract is valid if only tipsy/jocose.. in
2. Hospitalized lepers Bellicose/Drunkenness, voidable.
a. Mga ketongin na nasa hospital, kapag
Modifications where the mentioned incapable people
wala sa hospital, valid ang kontrata.
can give valid consent are:
3. Prodigals (spendthrifts)
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1. Necessaries such as food are sold and 3. It is conscious or spontaneous (unforced) – no

delivered to a minor or other person without vitiation of consent by reason of mistake,
capacity to act, he must pay a reasonable price undue influence, or fraud
thereof.
2. A minor may contract for life, health and Incapacity and Vitiating consent
accident insurance, provided the insurance is
1. Vitiating is temporary, while the incapacity is
taken on his life and the beneficiary appointed
more or less permanent
is the minor’s estate or minor’s father,
2. Vitiating refers to the contract itself,
mother, husband, wife, child, brother, or sister
incapacity refers to the person entering the
3. A contract is valid if entered into through a
contract
guardian or legal representative.
3. Both make a contract voidable only, not void
4. Valid where the minor misrepresented his age
and convincingly led the other party to Mistake or error. A false notion of a thing or a fact
believe in his legal capacity. material in the c ontract.
5. A contract is valid where a minor between 18
and 21 years of age voluntarily pays sum of - A mistake should refer to the substance of the
money or delivers a fungible (commodities) thing which is the object of the contract or to
thing in fulfillment of his obligations those conditions which have principally
thereunder and the oblige has spent or moved one or both parties to enter in the
consumed it in good faith. contract
- Vitiate consent only when such identity or
Requisites to be voidable: qualifications have been the principal cause of
the contract
1. Incapacity under article 1327
- A simple mistake of account shall give rise to
(insane/demented, deaf-mutes who cannot
correction.
write, unemancipated minor)
2. Incompetents that has been placed under Nature of Mistake
guardianship.
1. Mistake of fact. Arises from lack of knowledge.
VIMFU (ARTICLE 1330) 2. Substantial Mistake of fact. Mistake
contemplated by law. Party would not have
- Violence
given his consent had he known of the
- Intimidation
mistake.
- Mistake
3. Unilateral Mistake. Only one party is mistaken
- Fraud
about a material fact.
- Undue Influence
4. Bilateral Mistake. Both parties are in error.
Characteristics /Requisites of consent
Note: A person who makes mistake cannot avoid
Needs that there is an exact understanding liability to the innocent party unless he shows that he
over the thing consented to. Must be based on the was free of fault or negligence.
general assent (agreement) of both parties to the
Mistake of fact to which law refers. Mistake that
contract and the terms thereof. There is no valid
vitiates consent
consent unless:
1. Substance of the thing which is the object of
1. It is intelligent – there is a capacity to act
the contract – nature of the contract
2. It is free and voluntary – no reason of vitiation
of consent by violence or intimidation
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2. Those conditions which have principally

moved one or both parties to enter into the
contract
3. The identity or qualifications of one of the
parties provided the same was the principal
cause of the contract

Mistake of fact which does not vitiate consent.

1. Error as regard the incidents of thing or

accidental qualities thereof.