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m, ams,cs

The document outlines the concept of unenforceable contracts, which cannot be enforced in court unless ratified, and categorizes them into three types: unauthorized contracts, those failing to comply with the Statute of Frauds, and contracts where both parties are incapable of giving consent. It also discusses the Statute of Frauds, which requires certain contracts to be in writing to be enforceable, and details the conditions under which ratification occurs. Additionally, it explains the implications of parental ratification in contracts involving minors.

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kazeyo1023
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3 views

m, ams,cs

The document outlines the concept of unenforceable contracts, which cannot be enforced in court unless ratified, and categorizes them into three types: unauthorized contracts, those failing to comply with the Statute of Frauds, and contracts where both parties are incapable of giving consent. It also discusses the Statute of Frauds, which requires certain contracts to be in writing to be enforceable, and details the conditions under which ratification occurs. Additionally, it explains the implications of parental ratification in contracts involving minors.

Uploaded by

kazeyo1023
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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1403 UNENFORCEABLE

UNENFORCEABLE CONTRACTS: cannot


be enforced in court or sued due to defects
unless or until they are ratified
3 KINDS OF UNENFORCEABLE
Ratification = Enforceable na siya CONTRACTS:
1.​ Unauthorized contracts
RESCISSIBLE & VOIDABLE: valid and 2.​ Failed to comply with Statute of
enforceable unless rescinded or annulled Frauds
UNENFORCEABLE: valid, enforceable 3.​ Both parties incapable of giving
unless they are ratified consent

●​ Applicable only to EXECUTORY


CONTRACTS: no performance has 1.​ UNAUTHORIZED CONTRACTS:
yet been made by both parties -​ Entered in the name of other person
(WALANG PERFORMANCE) who has no authority
-​ Not to partially/totally -​ Kapag binenta without authority of
executory (kapag may partial name from the real name owner
performance, no statute of frauds) -​ Mortgage the property but you sold it
(beyond act)

1403 STATUTE OF FRAUDS

PURPOSE: prevent fraud and


guard/prevent mistakes because oral might
result to injustice from faulty memory
-​ In writing dapat (kahit saan,
typewritten, pencil, ballpen — basta
naka-record)
-​ NO NEED FOR FORMAL
DOCUMENT

EXECUTORY CONTRACTS:
-​ enforceable na kapag may partial
performance
-SCOPE OF THE 2. ANSWER FOR THE DEBT, DEFAULT,
OR MISCARRIAGE OF ANOTHER
STATUTE OF FRAUDS- -​ ABONO!!!!!!!
-​ Si Pogi may utang kay Ganda
-​ Si Beauty ang guarantor =
MUST BE IN WRITING TO BE WRITING
ENFORCEABLE: -​ Ganda cannot compel Beauty
1.​ NOT TO BE PERFORMED WITHIN because it is not in WRITING
ONE YEAR/MORE THAN ONE
YEAR
2.​ ANSWER THE DEBT -
GUARANTOR
3.​ MARRIAGE
4.​ SALE OF GOODS, ETC, AT PRICE
LESS THAN P500
5.​ LEASING FOR MORE THAN ONE
YEAR 3.​ MARRIAGE
6.​ SALE OF REAL PROPERTY OR -​ Dapat in WRITING, para maging
INTEREST enforceable like magawa ang
7.​ CREDIT OF A THIRD PERSON obligation sa contract

OTHER THAN MUTUAL PROMISE TO


__________________________________ MARRY:
-​ Enforceable even if verbally
1. NOT TO BE PERFORMED WITHIN ONE -​ Act for damages lang
YEAR

-​ PROMISE NG MAG-ASAWA:
enforceable

MORE THAN ONE YEAR 4.​ SALE OF GOODS, ETC, AT PRICE


1.​ Performed not within/beyond ONE LESS THAN P500
YEAR from perfection
-​ Should be in WRITING to be ●​ < P500 : should be in WRITING
enforceable ●​ > P500 : allowed in ORAL

LESS THAN ONE YEAR


2.​ It is not within the statute of fraud
3. BOTH PARTIES ARE INCAPABLE OF
5.​ LEASING FOR MORE THAN ONE GIVING CONSENT TO CONTRACT:
YEAR = UNENFORCEABLE
-​ MORE THAN 1 YEAR: must be in
WRITING ●​ If one is incapable: VOIDABLE
-​ LESS OR EQUAL THAN 1 YEAR:
allowed in ORAL

1404 RATIFICATION
-​ Importance of consent
-​ UNAUTHORIZED CONTRACTS
-​ Ratified or Approved when:
accepted tacitly
6.​ SALE OF REAL PROPERTY OR
-​ WITHOUT APPROVAL: remains
INTEREST
unenforceable
-​ Must be in WRITING
-​ Unless partially executed

1405 2 WAYS OF
RATIFICATION
1.​ FAILURE TO OBJECT
2.​ ACCEPTANCE OF BENEFITS
7.​ CREDIT OF A THIRD PERSON
-​ PROVEN ORALLY
-​ Gusto manghiram pero sabi na good
reputation and credit status
-​ For not unjust enrichment
-​ Nagpapa-loan ka sa tao: must be in
-​ Kapag nagtanggap na
WRITING
-​ Kapag binigay ni Bank ang pera:
UNENFORCEABLE TO COMPEL
kasi via verbal 1406 ONE PARTY COMPEL
-​ If by VERBAL/ORAL: no
agreement/unenforceable
OTHER TO EXECUTE
-​ Pwede i-sue ng Bank ang nag-refer DOCUMENT
sa mangungutang na good
reputation/credits siya
●​ Registry of Deeds: PUBLIC
DOCUMENT
●​ Donations of real property must be
PUBLIC to be valid and enforceable

DONATIONS = PUBLIC
DOCUMENT
SALE = PRIVATE DOCUMENTS (but
may compel the other for public document)
1407 PARENTS RATIFY 1408 CANNOT BE
-​ Pwede si guardian mag-ratify ASSAILED BY 3RD
-​ Kapag isang parent nag-ratify = PERSONS
VOIDABLE
-​ If both parents ratified = VALID -​ Strangers cannot attack or annul or
question the contract
●​ Both minors entered into a -​ STRANGER SA CONTRACT
contract: unenforceable INTERFERENCE = EKIS/BAWAL!!!
●​ If parent of Pogi ratifies =
VOIDABLE
●​ If parent of Ganda ratifies = it
becomes validated, retroactive
effect

●​ Kasama parents if MINOR

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