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rescinded action action unless ratified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)