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1380 Rescinded 1381 Cases of Rescissible Contracts: Rescission

The document outlines the concept of rescissible contracts, detailing the conditions under which contracts can be rescinded, such as fraud, lesion, and representation of absentees. It explains the requirements for rescission, including the necessity for mutual restitution and the implications of good faith in transactions. Additionally, it discusses the time limits for claiming rescission and the effects of bad faith in property transfers.

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27 views6 pages

1380 Rescinded 1381 Cases of Rescissible Contracts: Rescission

The document outlines the concept of rescissible contracts, detailing the conditions under which contracts can be rescinded, such as fraud, lesion, and representation of absentees. It explains the requirements for rescission, including the necessity for mutual restitution and the implications of good faith in transactions. Additionally, it discusses the time limits for claiming rescission and the effects of bad faith in property transfers.

Uploaded by

kazeyo1023
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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1381 CASES OF

1380 RESCINDED RESCISSIBLE CONTRACTS

1.​ Ward representative (more than 1/4)


2.​ Absentee representative (more than
1/4)
3.​ Fraud of creditors
-​ Still valid
4.​ Things under litigation
-​ But because of INJURY/DAMAGE to
parties/3rd persons, it may be
rescinded

RESCISSION: a remedy granted by law to


the contracting parts or third persons to
secure reparation of damages caused by a
valid contract, by means of restoration of 1.​ ENTERED INTO BY GUARDIANS
things to their condition prior to celebration REPRESENTING WARDS WHO
of said contract SUFFER LESION:
-​ IF MORE THAN 1/4!!!

WARD: person under guardianship because


they are a minor or incapacitated

EXAMPLE:
-​ Si Pogi ang guardian ni Ganda, A
MINOR.
-​ Pogi sold 1 million worth property of
●​ RESCISSIBLE CONTRACTS ARE Ganda for 800k
VALID AND ENFORCEABLE -​ Lesion: 250k difference
= NO RESCISSION
REQUISITES FOR RESCISSION:
LESION: difference which serves as the 1/4
only

-​ If lesion is more than 1/4: sold 500k


= WITH RESCISSION

-​ Divide by 4
-​ Check lesion
-​ Check if higher than lesion or
difference
-​ DAPAT MAY PENDING CASE ANG
GUMAWA NG CONTRACT AT ANG
GAMIT AY UNDER LITIGATION

2.​ REPRESENTATION OF
ABSENTEES
-​ If suffers lesion MORE THAN 1/4!!!
5.​ OTHER INSTANCES
ABSENTEE: who disappears from his
-​ Heirs receiving less than 1/4 value
domicile his whereabouts being unknown
-​ Lessor and lessee (ask for
rescission and indemnification)
3.​ FRAUD OF CREDITORS (accion
-​ Article 1539: real estate sold be not
pauliana)
less than 1/10, or inferior value of
-​ When the latter cannot collect/take
the thing sold exceeds 1/10
the claims (wala na ibang
pambayad)
-​ FRAUD mismo ang ginamit 1382 RESCISSIBLE
PAYMENT

-​ Premature payments made in the


state of insolvency

REQUISITES:
1.​ Debtor paid in a state of insolvency
2.​ Obligation is not yet due and
demandable
3.​ Debtor makes a payment
4.​ THINGS UNDER LITIGATION
-​ NAGBAYAD KAHIT INSOLVENT
1385 RESCISSION

1383 RESCISSION IS
SUBSIDIARY

-​ Not a principal remedy MUTUAL RESTITUTION


-​ Ma-avail if the injured party has no -​ Price, fruits, and interests must be
legal means to obtain reparation returned!!!
-​ Kapag rescissible contract, ay hindi -​ UNLESS THE THING IS IN THE
pwede sabihin na pwede na POSSESSION OF A THIRD
i-rescind (DAPAT MA-PROVE NA PERSON WHO ACTED IN GOOD
ITO LANG REMEDY) FAITH = no rescission

EXAMPLE:

1384 PARTIAL RESCISSION

-​ NOT NECESSARY NA WHOLE


RIGHT TO RESCIND CONTRACT WITH
CONTRACT
3RD PERSON:
-​ Partial rescission
-​ Pwede ba mag-file ang
-​ The law wants to preserve the
ni-fraud/creditors ni Pogi?
contract since it is still valid
DEPENDS. If the receiver acted in
good faith, no. If I acted in bad faith,
PURPOSE OF RESCISSION
yes. (FOR THE 3RD PERSON)
1.​ To repair
-​ THE REMEDY OF CREDITORS:
2.​ To recover
indemnify for damages
WHEN RESCISSION IS NOT ALLOWED: 1387 PRESUMPTION OF
1.​ When the party who DEMANDS
rescission cannot return what he is FRAUD
obliged to restore under the contract
2.​ If the property is in legal possession ALIENATION: transfer of property form
of a third person acted in good faith debtor/owner to the other person

EXAMPLE:
-​ Si M na minor can ask for rescission
of contract on ground of lesion (sold
14k instead of 20k by guardian)
-​ M must return the 14k of C
-​ C must return the land
-​ If M cannot return the 14k = NO
RESCISSION

NEXT, 1.​ GRATUITOUS ALIENATIONS


-​ If C sells the land to D and is already -​ Kapag hindi nag-reserve ng
in legal possession = NO sufficient property si donor para
RESCISSION bayaran ang all debts:
-​ Only indemnity for damages of M NAG-DONATE LAHAT KAHIT ALAM
against G (the guardian who sold NA MAGBABAYAD NG UTANG
14k) -​ Pagbigay ng property sa other
person kahit may utang ka pa sa iba
ay fraudulent
-​ MARAMI KANG UTANG PERO
1386 NO RESCISSION WITH DINONATE MO PA SA IBA
LESION WITHOUT RESERVING FOR THE
DEBTS KAHIT DAPAT GAWING
PAMBAYAD NALANG SA MGA
UTANG

-​ If may judicial approval, there is no


rescission
-​ FOR CASES NG
GUARDIAN/ABSENTEE
-​ PUMAYAG ANG COURT NA MAY
REPRESENTATIVE KAYA
WHETHER THERE IS LESION OR
NOT = NO RESCISSION ●​ DEBTS BEFORE DONATION,
WITHOUT RESERVATION =
FRAUD OF CREDITORS
(rescission)
WHAT IF: ●​ DECISION/ATTACHMENT
-​ AFTER DONATION AND WITHOUT
RESERVATION = NO -​ Pogi and Ganda claimed that Beauty
PRESUMPTION OF FRAUD IN (another creditor) still has RIGHTS
CREDITS to rescind
-​ DONATION FIRST!!!
-​ Dapat BEFORE DONATION

-​ Kahit 3RD PERSON CREDITOR,


THEY MAY HAVE RIGHTS TO
RESCIND after knowing fraud

1388 EFFECT OF BAD


FAITH - FIRST ACQUIRER

-​ Magbabayad ng damages if hindi


marereturn
-​ 2 OR MORE ALIENATIONS: 1st
acquirer shall be liable first
2.​ ONEROUS ALIENATIONS
-​ May judgment na na-issue pero
binenta pa rin ang property = fraud
-​ JUDGEMENT FIRST!!!

●​ LIABLE FOR DAMAGES: si Ganda


una, then si Beauty next

-​ AFTER JUDGMENT = IT IS
FRAUDULENT
1389 CLAIM RESCISSION (4
YEARS)

-​ MAY 4 YEARS TO RESCIND THE


CONTRACT FROM THE DATE THE
CONTRACT WAS ENTERED INTO
-​ IN CASE OF MINORS LIKE
LESION ART. 1386: upon reaching
age of majority
-​ IN CASE OF ABSENTEES: upon
knowing the domicile of the latter

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