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    CONT Chapter 8 Unenforceable Contracts PDF

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    hdhsh
    This document discusses unenforceable contracts under Philippine law. It defines unenforceable contracts as those that cannot be enforced through a court action unless ratified. There are three main causes of unenforceable contracts: 1) contracts entered into without proper authority, 2) contracts that do not comply with the Statute of Frauds, and 3) contracts where both parties lack legal capacity. The document outlines the rules around ratification of unenforceable contracts by parents or guardians to give them legal effect. It also discusses the differences between unenforceable, voidable, and rescissible contracts.

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    CONT Chapter 8 Unenforceable Contracts PDF

    Uploaded by

    hdhsh
    291 views1 page
    This document discusses unenforceable contracts under Philippine law. It defines unenforceable contracts as those that cannot be enforced through a court action unless ratified. There are three main causes of unenforceable contracts: 1) contracts entered into without proper authority, 2) contracts that do not comply with the Statute of Frauds, and 3) contracts where both parties lack legal capacity. The document outlines the rules around ratification of unenforceable contracts by parents or guardians to give them legal effect. It also discusses the differences between unenforceable, voidable, and rescissible contracts.

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    CONT-Chapter-8-Unenforceable-Contracts.pdf

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    This document discusses unenforceable contracts under Philippine law. It defines unenforceable contracts as those that cannot be enforced through a court action unless ratified. There are three main causes of unenforceable contracts: 1) contracts entered into without proper authority, 2) contracts that do not comply with the Statute of Frauds, and 3) contracts where both parties lack legal capacity. The document outlines the rules around ratification of unenforceable contracts by parents or guardians to give them legal effect. It also discusses the differences between unenforceable, voidable, and rescissible contracts.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    291 views1 page

    CONT Chapter 8 Unenforceable Contracts PDF

    Uploaded by

    hdhsh
    This document discusses unenforceable contracts under Philippine law. It defines unenforceable contracts as those that cannot be enforced through a court action unless ratified. There are three main causes of unenforceable contracts: 1) contracts entered into without proper authority, 2) contracts that do not comply with the Statute of Frauds, and 3) contracts where both parties lack legal capacity. The document outlines the rules around ratification of unenforceable contracts by parents or guardians to give them legal effect. It also discusses the differences between unenforceable, voidable, and rescissible contracts.

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    © All Rights Reserved
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    of 1

    BOOK

    IV, TITLE II: CONTRACTS Art. 1407: Ratification


    CHAPTER 8: UNENFORCEABLE CONTRACTS
    UNENFORCEABLE CONTRACT Article 1407. In a contract where both parties are
    • Those which cannot be enforced by a proper incapable of giving consent, express or implied
    action in court, unless they are ratified. ratification by the parent, or guardian, as the case
    may be, of one of the contracting parties shall give
    CAUSES: the contract the same effect as if only one of them
    1. Contracts entered into in the name of another were incapacitated.
    person by one without any authority or in
    excess of his authority If ratification is made by the parents or guardians,
    2. Those which do not comply with the Statute of as the case may be, of both contracting parties, the
    Frauds contract shall be validated from the inception.
    3. Those where both contracting parties are legally
    incapacitated *This cannot be availed if there is partial or total
    performance; deemed impliedly ratified through
    Statute of Frauds (Art. 1403(2)) the performance

    (a) An agreement that by its terms is not to be *If there is implied or presumed ratification, the
    performed within a year from the making thereof; statute of frauds does not apply.

    (b) A special promise to answer for the debt, UNENFORCEABLE RESCISSIBLE
    default, or miscarriage of another; Contract cannot be Contract can be
    enforced by a proper enforced unless it is
    (c) An agreement made in consideration of action in court rescinded
    marriage, other than a mutual promise to marry; Susceptible of Not susceptible of
    ratification ratification
    (d) An agreement for the sale of goods, chattels or Cannot be assailed by May be assailed by 3rd
    rd
    things in action, at a price not less than five 3 persons persons who are
    hundred pesos, unless the buyer accept and receive prejudiced
    part of such goods and chattels, or the evidences,
    or some of them, of such things in action or pay at UNENFORCEABLE VOIDABLE
    the time some part of the purchase money; but Contract cannot be Contract can be
    when a sale is made by auction and entry is made enforced by a proper enforced unless it is
    by the auctioneer in his sales book, at the time of action in court annulled
    the sale, of the amount and kind of property sold,
    terms of sale, price, names of the purchasers and
    person on whose account the sale is made, it is a
    sufficient memorandum;

    (e) An agreement for the leasing for a longer period
    than one year, or for the sale of real property or of
    an interest therein;

    ( f ) A representation as to the credit of a third
    person.

    note: This is NOT subject to prescription

    JTVS | Obligations & Contracts | 1M | Dean Ulan Sarmiento 1

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