29 Questions
What is the effect of ratification on a contract?
It cleanses the contract from all its defects from the moment it was constituted
What happens if a minor sells a land and then, upon reaching the age of majority, collects the unpaid balance?
The minor waives his right to file an action for annulment
What is an example of an implied ratification?
A minor selling a land and then collecting the unpaid balance
What is the difference between express and implied ratification?
Express ratification is manifested in words or writing, while implied ratification is shown through an act
What happens if a person with a right to invoke a voidable contract executes an act that implies an intention to waive his right?
There is a tacit ratification
What is the purpose of ratification in a contract?
To bind oneself with the contract
What is the condition for a person who is not obliged in a contract to exercise an action for nullity?
They must show detriment from the contract
What is the effect of annulment if the contract has not been complied with?
The parties are excused from performing their obligations
What is the basis for damages in cases of restitution for services?
The value of the service
What is the exception to the rule of no restitution by the injured party?
If the injured party has been benefited by the thing or price received
When does Article 1399 apply?
When the defect of the contract is due to the incapacity of one of the parties to consent
What happens if there is compliance with the contract?
There is a recession or mutual restitution
What is the primary basis for rescission of a contract?
Lesion or damage
What is the time period within which an action for annulment must be brought?
Four years
What is required to prevent annulment of a contract?
Ratification
What is the characteristic of a defect in the case of annulment?
Intrinsic
What is the characteristic of the action for annulment?
Principal
What is the status of a voidable contract until it is annulled?
Valid
What is the consequence if one party cannot restore what he is bound to restore in a decree of annulment?
There is no annulment.
What is the purpose of mutual restitution in a decree of annulment?
To restore the parties to their pre-contractual state.
Can Gian be compelled to return Natalie's car if Natalie refuses to return Gian's car?
No, according to Art. 1402.
What is the effect of forcing someone to exchange cars with someone else?
The contract is voidable.
What is the term for a contract that can be declared void by one of the parties?
Voidable contract.
When can a contract entered into by a minor be annulled?
Within 4 years from the time the guardianship ceases
What happens to a voidable contract if the 4-year period to file for annulment passes?
The contract is deemed valid
In the case of Gian, who was intimidated into signing a contract, when does the 4-year period start?
From the date the intimidation ceased
What is the effect of ratification on a voidable contract?
It extinguishes the action to annul the contract
When does Ruzel's 4-year period to file for annulment start in the example?
From the date the fraud was discovered
What is the result if Ruzel fails to file for annulment within the 4-year period?
The contract becomes valid
Test your understanding of voidable contracts, including the grounds for annulment and the role of consent. Learn about the conditions that make a contract voidable and how they can be ratified.
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