VOIDABLE
CONTRACTS
Group 9
Bello, Mariel Rae B.
Duron, Vanessa C.
Rivero, Hazel Joyce D.
Mendoza, Leian V.
ARTICLE 1390
Article 1390.The following contracts are voidable or
annullable, even though there may have been no
damage to the contracting parties:
(1) Those where one of the parties is incapable of
giving consent to a contract;
(2) Those where the consent is vitiated by mistake,
violence, intimidation, undue influence or fraud.
These contracts are binding, unless they are annulled
by a proper action in court. They are susceptible of
ratification. (n)
ARTICLE 1391
The action for annulment shall be brought
within four years. This period shall begin:
In cases of intimidation, violence or undue
influence, from the time the defect of the
consent ceases. In case of mistake or
fraud, from the time of the discovery of
the same. And when the action refers to
contracts entered into by minors or other
incapacitated persons, from the time the
guardianship ceases. (1301a)
ARTICLE 1392
Ratification extinguishes the
action to annul a voidable
contract. (1309a)
ARTICLE 1393
Ratification may be effected expressly or
tacitly. It is understood that there is a
tacit ratification if, with knowledge of the
reason which renders the contract
voidable and such reason having ceased,
the person who has a right to invoke it
should execute an act which necessarily
implies an intention to waive his right.
(1311a)
ARTICLE 1394
Ratification may be effected by the
guardian of the incapacitated
person. (n)
ARTICLE 1395
Ratification does not require the
conformity of the contracting party
who has no right to bring the action
for annulment. (1312)
ARTICLE 1396
Ratification cleanses the
contract from all its defects
from the moment it was
constituted. (1313)
ARTICLE 1397
The action for the annulment of contracts
may be instituted by all who are thereby
obliged principally or subsidiarily.
However, persons who are capable cannot
allege the incapacity of those with whom
they contracted; nor can those who
exerted intimidation, violence, or undue
influence, or employed fraud, or caused
mistake base their action upon these
flaws of the contract. (1302a)
ARTICLE 1398
An obligation having been annulled, the
contracting parties shall restore to each
other the things which have been the
subject matter of the contract, with their
fruits, and the price with its interest,
except in cases provided by law. In
obligations to render service, the value
thereof shall be the basis for damages.
(1303a)
ARTICLE 1399
When the defect of the contract
consists in the incapacity of one of
the parties, the incapacitated person
is not obliged to make any restitution
except insofar as he has been
benefited by the thing or price
received by him. (1304)
ARTICLE 1400
Whenever the person obliged by the
decree of annulment to return the
thing can not do so because it has
been lost through his fault, he shall
return the fruits received and the
value of the thing at the time of the
loss, with interest from the same
date. (1307a)
ARTICLE 1401
The action for annulment of contracts shall be
extinguished when the thing which is the object
thereof is lost through the fraud or fault of the
person who has a right to institute the
proceedings.
If the right of action is based upon the incapacity
of any one of the contracting parties, the loss of
the thing shall not be an obstacle to the success of
the action, unless said loss took place through the
fraud or fault of the plaintiff. (1314a)
ARTICLE 1402
As long as one of the contracting
parties does not restore what in
virtue of the decree of annulment he
is bound to return, the other cannot
be compelled to comply with what is
incumbent upon him. (1308)
THE END!
