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Comparative Table For Defective Contract

This document provides a comparative table summarizing the key differences between 4 types of defective contracts: void, voidable, rescissible, and unenforceable. The table lists 7 items that differentiate the 4 contract types, including: 1) what causes the defect, 2) validity and enforceability, 3) applicable actions and prescriptions, 4) whether the defect can be cured by prescription, 5) whether ratification is possible, 6) who can assail the contract, and 7) whether the contract can be assailed directly or collaterally.

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John Dave Java
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57 views1 page

Comparative Table For Defective Contract

This document provides a comparative table summarizing the key differences between 4 types of defective contracts: void, voidable, rescissible, and unenforceable. The table lists 7 items that differentiate the 4 contract types, including: 1) what causes the defect, 2) validity and enforceability, 3) applicable actions and prescriptions, 4) whether the defect can be cured by prescription, 5) whether ratification is possible, 6) who can assail the contract, and 7) whether the contract can be assailed directly or collaterally.

Uploaded by

John Dave Java
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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COMPARATIVE TABLE OF DEFECTIVE CONTRACTS

ITEMS VOID VOIDABLE RESCISSIBLE UNENFORCEABLE

1. Defect is caused by Defect is caused by Defect is caused Defect is caused by


lack of essential vice of consent by injury/ damage lack of form,
elements or illegality either to one of authority, or capacity
the parties of to a of both parties not
3rd person cured by prescription

2. Do not, as a general Valid and Valid and Cannot be enforced


rule produce any legal enforceable until enforceable until by a proper action in
effect they are annulled by they are rescinded court
a competent court by a competent
court

3. Action for the Action for Action for Corresponding action


declaration or nullity annulment or rescission may for recovery, if there
or inexistence or defense of prescribe was total or partial
defense of nullity or annulability may performance of the
inexistence does not prescribe unenforceable
prescribe contract under No. 1
or 3 of Article 1403
may prescribe

4. Not cured by Cured by Cured by Not cured by


prescription prescription prescription prescription

5. Cannot be ratified Can be ratified Need not be Can be ratified


ratified
6. Assailed not only by Assailed only by a Assailed not only Assailed only by a
a contracting party but contracting party by a contracting contracting party
even by a third person party but even by
whose interest is a third person who
directly affected is prejudiced or
damaged by the
contract

7. Assailed directly or Assailed directly or Assailed directly Assailed directly or


collaterally collaterally only collaterally

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