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can you pleae help me on this?

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1 can you pleae help me on this? on Mon Mar 07, 2011 12:17 am


Arresto Menor
my professor in law wants me to rephrase and give example of each article regarding this contracts:

Rescissible contracts
Voidable contracts
Unenforceable contracts
Void or inextent contracts

any idea will do help me.. thanx.. Smile

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2 Re: can you pleae help me on this? on Mon Mar 07, 2011 4:31 pm


Arresto Menor
you should read your book and from you can have an idea how to rephrase those defective contracts.

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3 Re: can you pleae help me on this? on Wed Mar 09, 2011 12:35 am


Arresto Menor
i'm done rephrasing it.. i just need some examples regarding that matter...

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4 Re: can you pleae help me on this? on Wed Mar 09, 2011 11:45 pm


Arresto Menor
Disclaimer: Don't trust me, I'm not a lawyer. I'm
just a struggling student.

Rescissible Contracts:

Read 1381-82 Civil Code. These are examples of RCs.

Example, under 1381 "those entered into by guardians etc etc"

In a contract of Sale, the guardian sold the property of his ward, the original price is 10million, for only 2million. In this case, the ward suffered a loss of more than 1/4 of the value of the property

Voidable Contract

a. One of the parties is incapable of giving consent to a contract

e.g. Contract of sale = the other contracting party is either a minor, insane or demented, deaf and mute who can't write (enumerated under Art 1327)

b. Vitiated Consent

e.g. A was compelled to sell all his properties because of the violence employed by B

Unenforceable Contract

1403 (1): Those entered into in the name of another person by one who has been given no authority or legal representation, or who has acted beyond his powers (UNAUTHORIZED CONTRACTS)

Eg: A owns a parcel of land. B sold it to C in the name of A, but he was not authorized by A.

1403 (2) : Does not comply with the Statute of Frauds

Eg. A agrees to sell his house to B if B will marry C. (must appear in writing to be enforceable unless ratified by Q)

Void or inexistent contract


Contracts which are absolutely simulated or fictitious

A contract of sale, where the price, which appears thereon as to be paid, has in fact, never been paid. ( Catindig vs Heirs of Catalina Roque)

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