VOIDABLE CONTRACTS

ART. 1390 - 1402

 VOIDABLE CONTRACTS?

“Those which possess all the essential requisites of a valid

contract but one of the parties is incapable of giving consent,
or consent is vitiated by mistake, violence, intimidation,
undue influence, or fraud“
 ART. 1390
The following contracts are voidable or annullable, even though
there may have been no damage to the contracting parties:

(1) Those where one of the parties is incapable of giving consent

to a contract;
(2) Those where the consent is vitiated by mistake, violence,
intimidation, undue influence, or fraud.

These contracts are binding, unless they are annulled by a proper

action in court. They are susceptible of ratification.

VOIDABLE CONTRACTS
Parties who are incapable of giving consent (ART. 1327)

Unemancipated Minors Insane or demented persons Deaf-mutes

VOIDABLE CONTRACTS
 VOIDABLE CONTRACTS
1. Avoidable contracts caused by
LEGAL INCAPACITY
2. Avoidable contracts caused by
VIOLATION OF CONSENT
 ANNULMENT?
“is a remedy provided by law, for reason of public interest,
for the declaration of the inefficacy of a contract based on a
defect or vice in the consent of one of the contracting parties
in order to restore them to their original position in which
before the contract was executed“
 ART. 1391
The action for annulment shall be brought within four years.

This period shall begin:

In case of intimidation, violence or undue influence, from the time the

defect of the consent ceases.

In case of mistake or fraud, from the time of the discovery of the same.

And when the action refers to contracts entered by minors or other

incapacitated persons, from the time the guardianship ceases.

VOIDABLE CONTRACTS