Rescissible and Voidable Contracts

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

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. (C)</p> Signup and view all the answers

What describes a voidable contract?

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

What is required for a real contract to take effect?

<p>Delivery of the subject matter. (D)</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. (A)</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 (A)</p> Signup and view all the answers

What type of contract is automatically void from its inception?

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

What is the correct definition of a voidable contract?

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

In which scenario can a voidable contract not be annulled?

<p>If it has been ratified. (C)</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 (A)</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. (B)</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 (D)</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 (B)</p> Signup and view all the answers

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

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

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

<p>They become automatically valid. (C)</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 (B)</p> Signup and view all the answers

What is an unenforceable contract?

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

What defines a rescissible contract?

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It is valid but can be rescinded under certain conditions.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

What is required for a contract to be considered valid?

<p>Delivery of the subject matter (B)</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 (C)</p> Signup and view all the answers

What distinguishes a civil obligation from a natural obligation?

<p>Civil obligations can be enforced legally (D)</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 (C)</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 (B)</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. (B)</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. (D)</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. (C)</p> Signup and view all the answers

What does Article 1428 dictate about failed civil obligations?

<p>The obligor cannot recover after voluntary performance. (A)</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. (C)</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. (B)</p> Signup and view all the answers

What is a characteristic of natural obligations?

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

Flashcards

Contract with Incapable Party

A contract where one party lacks the legal capacity to consent. This could be due to age, mental incapacity, or other legal restrictions.

Contract with Vitiated Consent

A contract where consent is obtained through deception, threats, or undue influence. The affected party can choose to void the contract.

Guardian's Contract with Significant Lesion

A contract signed by a guardian that results in a loss of more than one-fourth of the ward's assets. The ward can rescind the contract.

Contract for Absentee

A contract made on behalf of someone who is absent. The absent person can rescind if they suffer significant financial loss.

Signup and view all the flashcards

Contract in Fraud of Creditors

A contract that is deliberately made to deceive creditors and prevent them from collecting their debts. Creditors can seek to overturn the contract.

Signup and view all the flashcards

Contract Regarding Litigation

A contract involving property that is the subject of an ongoing legal dispute. The contract is voidable unless the defendant obtained consent from the other party or the court.

Signup and view all the flashcards

Void Contracts

Agreements that lack a legal purpose, are fictitious, or have a nonexistent object. These contracts are void from the start.

Signup and view all the flashcards

Contracts Against Public Policy

A contract that is contrary to law, morals, good customs, or public order. These contracts are void from the beginning.

Signup and view all the flashcards

Voidable Contract

A contract where one party can choose to make the contract void due to a defect in consent, such as fraud, mistake, or intimidation.

Signup and view all the flashcards

Contract

A contract where both parties agree to exchange something of value, like goods or services.

Signup and view all the flashcards

Cause of the Obligation

The reason or purpose for entering into a contract.

Signup and view all the flashcards

Object of the Contract

The specific thing or service that is the subject of the contract.

Signup and view all the flashcards

Consent of the Contracting Parties

The parties' voluntary agreement to be bound by the terms of the contract.

Signup and view all the flashcards

Unenforceable Contract

A contract that cannot be enforced unless ratified by one or both parties.

Signup and view all the flashcards

Rescissible Contract

A contract where a party can ask a court to cancel the contract due to certain legal reasons.

Signup and view all the flashcards

Voidable Contract

A contract that is valid until it is formally annulled by a court.

Signup and view all the flashcards

Innominate Contract

A contract that is valid and enforceable even though it doesn't fit into a specific legal category.

Signup and view all the flashcards

Do Ut Facias

A contract where one party gives something to the other party in exchange for a specific action.

Signup and view all the flashcards

Facto Ut Des

A contract where one party performs an action in exchange for something from the other party.

Signup and view all the flashcards

Real Contract

A contract that is formed when the subject matter is delivered.

Signup and view all the flashcards

Civil Obligation

Legal obligations that are enforceable in court, creating a right for the obligee to demand performance.

Signup and view all the flashcards

Negotiation Stage of a Contract

The initial stage where parties express their interest and negotiate terms. They aren't obligated to perform at this point.

Signup and view all the flashcards

Perfection Stage of a Contract

The stage where parties agree on the essential elements of the contract, such as the price, object, and consent. It marks the point when the contract is legally binding.

Signup and view all the flashcards

Consummation Stage of a Contract

The final stage where parties fulfill their obligations as outlined in the contract, completing the agreement.

Signup and view all the flashcards

Consensual Contracts

Contracts that are perfected by the mere consent of the parties involved. The agreement alone creates a legally binding contract.

Signup and view all the flashcards

Formal Contracts

Contracts that require a specific form or formality to be valid. These contracts need to be in writing or meet other legal requirements.

Signup and view all the flashcards

What is a Natural Obligation?

A natural obligation arises from equity and natural law, not positive law. It doesn't give a right to sue for performance but allows the obligor (person who owes something) to keep what they've given if they fulfill the obligation voluntarily.

Signup and view all the flashcards

Voluntary Performance After Prescription?

When a civil obligation's right to sue has expired due to time limits (extinctive prescription), and the obligor still voluntarily performs the contract, they can't get their delivery or service back.

Signup and view all the flashcards

Third-Party Payment After Prescription?

If a third party pays a debt that the debtor doesn't legally need to pay anymore due to prescription, and the debtor later voluntarily repays the third party, the debtor can't recover the payment.

Signup and view all the flashcards

Minor's Voluntary Debt Payment?

When a minor aged 18-21 voluntarily pays a debt exceeding their inheritance after a will's validity is challenged, the payment is legal and cannot be reversed.

Signup and view all the flashcards

Paying Legacy from Invalid Will?

If a will is invalid for not following legal processes, but an heir voluntarily pays a legacy from it, the payment is effective and cannot be taken back.

Signup and view all the flashcards

Voluntary Performance After Failed Claim?

When a civil obligation's right to sue fails and the defendant voluntarily fulfills the obligation, they cannot demand a refund or compensation.

Signup and view all the flashcards

Inheritor's Voluntary Debt Payment?

When a testate or intestate heir voluntarily pays a debt of the deceased that exceeds their inheritance, the payment is valid and cannot be reversed.

Signup and view all the flashcards

Paying Legacy From Void Will?

When a will is declared void for lack of legal formalities, but an intestate heir voluntarily pays a legacy according to its terms, the payment is valid and irrevocable.

Signup and view all the flashcards

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)

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

More Like This

Use Quizgecko on...
Browser
Browser