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Comparative Table of Defective Contracts

This document provides a comparative table summarizing the key differences between four types of defective contracts: rescissible, voidable, unenforceable, and void. It outlines the status of the contract, available remedies, prescriptive periods, real parties in interest, and common grounds for each type of defective contract. The table allows for easy comparison of the nature, treatment, and consequences of contracts affected by different types of defects under Philippine law.

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6K views1 page

Comparative Table of Defective Contracts

This document provides a comparative table summarizing the key differences between four types of defective contracts: rescissible, voidable, unenforceable, and void. It outlines the status of the contract, available remedies, prescriptive periods, real parties in interest, and common grounds for each type of defective contract. The table allows for easy comparison of the nature, treatment, and consequences of contracts affected by different types of defects under Philippine law.

Uploaded by

Em
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

COMPARATIVE TABLE OF DEFECTIVE CONTRACTS

NATURE OF DEFECT RESCISSIBLE VOIDABLE UNENFORCEABLE VOID


Valid and binding until
STATUS OF CONTRACT Valid & Enforceable, unless annulled by proper court Valid but unenforceable by Absolutely null and void
rescinded action action unless ratified
Declaration of absolute
REMEDY Rescission Annulment or Ratificcation Ratification nullity or inexistence
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 third Contracting party or Contracting party or third
person Contracting party aggrieved party person
GROUNDS Object, cause, purpose
contrary to LMGcPoPp
Absolutely simulated or
fictitious
Art. 1381 – Lesion, in fraud Incapable of giving consent Lack of prescribed form Cause or object did not exist
of creditors, in state of Vitiated consent Lack of authority at the time of transaction
insolvency, declared by law (Art. 1390) (Art. 1403) 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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