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when is a verbal agreement considered null and void?

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Arresto Menor
hello atty,
we have an agreement with my cousin it is with regards the payment of her loan. we agreed that we will pay it together but i told her to pay me first before i can join her to pay it.. now my cousin said she will complain on the brgy because i did not pay my part of the loan. the loan is not under my name but she said she will get witnesses against me. what shall i do? for me i considered the agreement null and void because she did not pay me yet. am i right with my understanding atty?

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tsi ming choi

Reclusion Perpetua
Your right.

First, the loan is between your cousin and another person. At this moment, you are not a party to their contract of loan, so you are not obliged to take your money out to pay the loan.

Secondly, the agreement that you will help your cousin to pay her loan, provided, your cousin will pay you first is a valid and binding contract even it is done

Third, your cousin's complaint that you did not pay your part of the loan is ridiculous. Dont be threatened, just leave it alone, it doesnt matter whether your cousin have a hundred of witnesses, still you cannot be obliged to pay her loan, because of the above mentioned reason. yung first.

Fourth, you cannot consider your verbal agreement with your cousin be null and void, it is a valid contract, however, your cousin cannot enforce that contract unless and until, she pay you first, that is a suspensive condition (the happening of the event, give rise to an obligation), so, as long as she did not pay you first, then you are in no obligation to pay the loan jointly.

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Arresto Menor
thank u so much. you enlighten me a lot,,,

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