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Unenforceable Contracts
Dela Rea, Kimmi F.
Mapua Institute of Technology
School of Electrical, Electronics and Computer Engineering
Muralla St. Intramuros, Manila
kdelarea32@yahoo.com
Problem 2
D(debtor) owes C (creditor) P10,000. T (third
person) orally promised to assume the obligation to D. Can
the promise of T be proved by the testimony of a witness
who was present when T made the same?
Article 1408
Unenforceable contracts cannot be assailed by third
person.
Problem 2
D(debtor) owes C (creditor) P10,000. T (third
person) orally promised to assume the obligation to D. Can
the promise of T be proved by the testimony of a witness
who was present when T made the same?
-No, because T cannot assail the contract between D
and C for being unenforceable under the Statute of Frauds. T
is a stranger to the contract. T can neither assail a contract
because of its unenforceability. It was stated in Article 1408,
unenforceable contracts cannot be assailed by third person.
Third person