Rescissible and Voidable Contracts
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Questions and Answers

What defines a consensual contract?

  • It involves a formal agreement documented in writing.
  • It requires physical delivery to be effective.
  • It is perfected by mere consent between parties. (correct)
  • It requires mutual performance of obligations.

    • Which term describes the stage when parties fulfill the terms of a contract?

  • Negotiation
  • Perfection
  • Consummation (correct)
  • Invalidation

    • Which type of contract is specifically regulated by law?

  • Real contract
  • Nominate contract (correct)
  • Consensual contract
  • Innominate contract

    • What is a characteristic of an innominate contract?

    <p>Its regulation comes from the parties' stipulations and relevant analogous contracts.</p> Signup and view all the answers

    What describes a voidable contract?

    <p>It is effective now but can be invalidated later.</p> Signup and view all the answers

    Which of the following best describes the perfection stage?

    <p>It involves agreement on essential elements like price and object.</p> Signup and view all the answers

    What is required for a real contract to take effect?

    <p>Delivery of the subject matter.</p> Signup and view all the answers

    Which of these is a characteristic of a nominee contract?

    <p>It has specific legal names and provisions.</p> Signup and view all the answers

    Which of the following grounds does not support a rescissible contract?

    <p>Representation of an absentee without suffering lesion</p> Signup and view all the answers

    What type of contract is automatically void from its inception?

    <p>A contract for an illegal purpose</p> Signup and view all the answers

    Which scenario would lead to the invalidation of a contract due to its object?

    <p>The contract involves goods that are later found to be stolen</p> Signup and view all the answers

    What is the correct definition of a voidable contract?

    <p>A valid contract until annulled.</p> Signup and view all the answers

    Which of the following conditions does qualify a contract entered into by guardians as rescissible?

    <p>The lesion suffered exceeds one-fourth of the value</p> Signup and view all the answers

    What is the prescribed period for bringing an action for annulment of a voidable contract?

    <p>Four years from the date of contract.</p> Signup and view all the answers

    In which scenario can a voidable contract not be annulled?

    <p>If it has been ratified.</p> Signup and view all the answers

    What must be established for a contract representing absentees to be deemed rescissible?

    <p>Absentees must suffer a lesion exceeding one-fourth the value</p> Signup and view all the answers

    Which of the following is NOT a ground for a voidable contract?

    <p>An unfair advantage taken by one party.</p> Signup and view all the answers

    Which of the following is NOT a characteristic of void contracts?

    <p>They can be rescinded by agreement of both parties</p> Signup and view all the answers

    Which type of contract may be challenged due to fraud of creditors?

    <p>A contract for the transfer of property under litigation</p> Signup and view all the answers

    What essential element is NOT required for a contract to be valid?

    <p>A geographically specified location.</p> Signup and view all the answers

    What happens to contracts entered into by minors once guardianship ceases?

    <p>They become automatically valid.</p> Signup and view all the answers

    Under which circumstance would a contract be void based on simulation?

    <p>The parties have made a false representation to avoid legal repercussions</p> Signup and view all the answers

    What is an unenforceable contract?

    <p>A valid contract that cannot be enforced unless ratified.</p> Signup and view all the answers

    What defines a rescissible contract?

    <p>It is valid but can be rescinded under certain conditions.</p> Signup and view all the answers

    What is required for a contract to be considered valid?

    <p>Delivery of the subject matter</p> Signup and view all the answers

    Which of the following is NOT one of the four kinds of innominate contracts?

    <p>do ut dat</p> Signup and view all the answers

    What distinguishes a civil obligation from a natural obligation?

    <p>Civil obligations can be enforced legally</p> Signup and view all the answers

    What is true when a minor voluntarily returns a received item after a contract annulment?

    <p>They must keep the item regardless of benefit</p> Signup and view all the answers

    Which statement about perfected real contracts is accurate?

    <p>They are perfected by delivery of the subject matter</p> Signup and view all the answers

    What happens when an obligor voluntarily fulfills a natural obligation?

    <p>They are authorized to retain what was delivered.</p> Signup and view all the answers

    What does Article 1425 state about third-party payments without the debtor's knowledge?

    <p>Such payment cannot be rescinded by the payer.</p> Signup and view all the answers

    According to Article 1426, how are payments made by a minor between eighteen and twenty-one viewed?

    <p>Payments made in compliance with a defective will are effective.</p> Signup and view all the answers

    What does Article 1428 dictate about failed civil obligations?

    <p>The obligor cannot recover after voluntary performance.</p> Signup and view all the answers

    Under what circumstances is a payment by a testate or intestate heir valid?

    <p>When the debt exceeds the value of property received.</p> Signup and view all the answers

    What is the consequence of a deficient will execution according to Article 1430?

    <p>Payments made by heirs under the will remain effective.</p> Signup and view all the answers

    What is a characteristic of natural obligations?

    <p>They are based on equity and natural law.</p> Signup and view all the answers

    What result follows if the right to sue upon a civil obligation has lapsed?

    <p>The obligor is not entitled to recover performance.</p> Signup and view all the answers

    Study Notes

    Grounds for Rescissible Contracts

    • Contracts validly agreed upon can be rescinded in certain cases specified by law. (Art. 1380)
    • Specific examples include contracts entered into by guardians where wards suffered significant financial losses (more than ¼ of the value of the object).
    • Contracts made on behalf of absentees with similar financial losses.
    • Contracts entered into fraudulently to avoid paying creditors, when other collection methods are unavailable.
    • Contracts regarding litigated property, without the knowledge or consent of involved parties.
    • Other contracts specifically declared rescissible by law (Art. 1381).

    Grounds for Voidable Contracts

    • These contracts are annullable even without damages to the contracting parties (Art. 1390).
    • Contracts where one party lacked capacity to consent.
    • Contracts where consent was vitiated by mistake, violence, intimidation, undue influence, or fraud.
    • Such contracts are binding until legally annulled.
    • They can be ratified. (Art. 1390)

    Grounds for Void Contracts

    • Contracts are void from the beginning (inexistent) (Art. 1409).
    • Contracts with illegal cause, object, or purpose (violating law, morals, good customs, public order or public policy).
    • Simulated or fictitious contracts.
    • Contracts with nonexistent cause or object at the time of the transaction.
    • Contracts with objects that are outside normal commerce.
    • Contracts that contemplate impossible services.
    • Agreements where the parties cannot ascertain their intentions.
    • Contracts specifically prohibited or declared void by law.

    Prescriptive Period for Voidable Contracts

    • Actions for annulment of a voidable contract must be filed within four years (Art. 1391).
    • In cases of intimidation, violence, undue influence, the period begins when the defect in consent ceases.
    • For mistake or fraud, the period starts when the mistake or fraud is discovered.
    • For contracts entered into by minors or incapacitated persons, the period begins when guardianship ends.

    What is a Contract?

    • A contract is a meeting of the minds between two or more parties (Article 1305).
    • It involves one party obligating themselves to give or provide a service to another. (Art. 1305)

    Essential Elements of a Contract

    • A contract requires these essential elements:
    • Consent of the contracting parties.
    • A clear objective that defines the subject matter of the contract.
    • A proper cause (legitimate reason) for the obligation. (Article 1318)

    Stages of Contract

    • Negotiation: Parties express interest and agree on terms.
    • Perfection: Parties agree to essential terms.
    • Consummation: Parties fulfill contractual obligations.

    Contract Names

    • Nominate contracts have specific legal definitions and regulations.
    • Innominate contracts are not specifically identified by law but are regulated by the agreements of the parties, analogous nominate contracts, and local customs. (Art. 1307)

    Real, Consensual, and Formal Contracts

    • Consensual contracts are created by mere agreement.
    • Real contracts require a delivery of a physical item to be valid.
    • Formal contracts must follow specific formal procedures.

    Sources of Obligation

    • Obligations can arise from different sources including law, contracts, quasi-contracts, acts/omissions punished by law, or quasi-delicts (Art. 1157)

    Civil and Natural Obligations

    • Civil obligations allow for legal actions to enforce performance.
    • Natural obligations, based on equity and natural law, do not provide legal recourse for enforcement but subsequent voluntary compliance is legally binding. (Art. 1423)

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    Related Documents

    Grounds for Rescissible and Voidable Contracts PDF

    Description

    Explore the essential grounds for rescissible and voidable contracts as defined by law. This quiz covers various scenarios, including contracts made by guardians, absentees, and those lacking lawful consent. Understand the legal distinctions and implications surrounding these types of agreements.

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