Search results
According to the Code Commission which prepared the draft of the present Civil Code, a great deal of confusion has been created by the faulty terminology used in the old Civil Code as regards defective contracts.
Our laws recognize four kinds of defective contracts.18 Among these is the unenforceable contract, or one that, for lack of authority, or of writing, or for incompetence of both parties, cannot be given effect unless properly ratified.
When the defect of the contract consists in the incapacity of one of the parties, the incapacitated person is not obliged to make any restitution except insofar as he has been benefited by the thing or price received by him.
Dec 6, 2023 · Concept. The following contracts are unenforceable, unless they are ratified: (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; (2) Those that do not comply with the Statute of Frauds as set forth in this number.
Express or implied ratification is recognized by law as a means to validate a defective contract.51 Ratification cleanses or purges the contract from its defects from constitution or establishment, retroactive to the day of its creation.
Apr 23, 2020 · Defective Contracts from the Civil Code of the Philippines starting from Article 1380-1422. Subscribe to our channel to be updated on the release of the next...
Under the Civil Code, there are four defective contracts, namely: (1) rescissible contracts; (2) voidable contracts; (3) unenforceable contracts; and (4) void or inexistent contracts.
