Comparative Table of Defective Contracts

Defective Void Voidable Unenforceabl Rescissible

Contract e
Status of Absolutely null Valid and Valid but Valid and
contract and void binding unenforceable enforceable
between the in court unless unless
parties unless they are cured rescinded
annulled by a or ratified
proper action
in court
Remedy Declaration of Annulment; Ratification Rescission
Absolute Ratification
Nullity or
Inexistence
Prescription No prescription 4 years : No prescription Gen. rule: 4
(1410) 1. In case of years
intimidation, Exceptions:
violence, or 1. For persons
undue under
influence, from guardianship:
the time period shall
intimidation, begin from the
etc., ceases termination of
2. In case of incapacity
mistake or 2. For
fraud, from the absentees,
time it was from the time
discovered the domicile is
3. In case of known
contracts (1389)
entered into by
minors or
incapacitated
persons, from
the time
guardianship
ceases.
(1391)
Real Party Contracting Contracting The One of the
parties and parties contracting parties or a
third person parties and the third person
aggrieved
party
Grounds 1. Those 1. Those where 1. Caused by (Art. 1381)
whose cause, one of the lack of form, 1. Those which
object or parties is authority, or are entered
purpose is incapable of capacity of into by
contrary to giving consent both parties guardians
law, morals, to a contract. not cured by whenever the
good customs, 2. Those where prescription wards whom
public order or the consent is 2. agreement they represent
public policy vitiated by not intended suffer lesion by
2. Those which mistake, to confer legal more than
are absolutely violence, rights and of the value of
simulated or intimidation, obligations the things
fictitious undue which are the
3. Those influence, or object thereof;
whose cause fraud 2. Those
or object did (Art. 1390) agreed upon in
not exist at the representation
time of the of absentees, if
transaction the latter
4. Those suffer the
whose object lesion stated in
is outside the the preceding
commerce of number;
men 3. Those
5. Those which undertaken in
contemplate fraud of
an impossible creditor when
service the latter
6. Those where cannot in any
the intention other manner
of the parties collect claims
relative to the due them;
principal 4. Those which
object if the refer to things
contract under litigation
cannot be if they have
ascertained been entered
7. Those into by the
expressly defendant w/o
prohibited or the knowledge
declared void and approval
by law of the litigants
(Art. 1409) or of
competent
judicial
authority;
5. All other
contracts
specially
declared by
law to be
subject to
rescission;
6. Payments
made in state
of insolvency
for obligations
to whose
fulfillment the
debtor could
not be
compelled at
the time they
were effected.