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Comparative Table of Defective Contracts: Nature of Defect Rescissible Voidable Unenforceable Void

This table compares the key differences between four types of defective contracts: rescissible, voidable, unenforceable, and void. It outlines their status, available remedies, prescriptive periods, real parties in interest, and possible grounds for each type of defective contract. Rescissible contracts are valid until rescinded, voidable contracts are valid until annulled, unenforceable contracts are valid but cannot be enforced without ratification, and void contracts are absolutely null and invalid.

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244 views1 page

Comparative Table of Defective Contracts: Nature of Defect Rescissible Voidable Unenforceable Void

This table compares the key differences between four types of defective contracts: rescissible, voidable, unenforceable, and void. It outlines their status, available remedies, prescriptive periods, real parties in interest, and possible grounds for each type of defective contract. Rescissible contracts are valid until rescinded, voidable contracts are valid until annulled, unenforceable contracts are valid but cannot be enforced without ratification, and void contracts are absolutely null and invalid.

Uploaded by

Mark J
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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COMPARATIVE TABLE OF DEFECTIVE CONTRACTS

NATURE OF DEFECT RESCISSIBLE VOIDABLE UNENFORCEABLE VOID


Valid and binding until
STATUS OF CONTRACT Valid & Enforceable, annulled by proper court Valid but unenforceable by Absolutely null and void
unless rescinded action action unless ratified
Declaration of absolute
REMEDY Rescission Annulment or Ratification nullity or inexistence
Ratificcation
4 years.
Guardianship: 4 yrs from 4 years.
PRESCRIPTIVE PERIOD termination of incapacity. Duress – from cessation No prescription No prescription
Absentee: 4 yrs from the MF – from discovery
time domicile is known MIG – from cessation of
incap
REAL PARTY IN INTEREST One of the parties or a Contracting party or Contracting party or third
third person Contracting party aggrieved party person
GROUNDS Object, cause, purpose
contrary to LMGcPoPp
Absolutely simulated or
fictitious
Art. 1381 – Lesion, in Incapable of giving Lack of prescribed form Cause or object did not
fraud of creditors, in consent Lack of authority exist at the time of
state of insolvency, Vitiated consent (Art. 1403) transaction
declared by law (Art. 1390) Object outside commerce
of man
Impossible service
Intention of the parties
cannot be ascertained
Expressly prohibited or
declared void by law
(Art. 1409)

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