I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
1.) As to defect
Void contracts: caused by lack of essential elements or illegality
Voidable contracts: defect is caused by vices of consent
Rescissible contracts: caused by injury/damage either to one of the parties or a 3rd person
Unenforceable contracts: caused by lack of form, authority or capacity of both parties not cured by presciption
2.) As to effect
Void contracts: no legal effect, as a general rule
Voidable contracts: valid and enforceable until they're annulled by a competent court
Rescissible contracts: valid and enforceable until rescinded by a competent court
Unenforceable contracts: can't be enforced by a proper action in court
3.) As to prescription to declare nullity
Void contracts: no prescription for a declaration of nullity, inexistence or defense of nullity
Voidable contracts: action for annulment or defense of annulability can prescribe
Rescissible contracts: action for prescription can prescribe
Unenforceable contracts: corresponding action for recovery if there was total or partial performance of the unenforceable contract under no. 1 or 3 Art. 1403 of the Civil Code may prescribe
4.) As to curative effect of prescription
Void contracts: can't cured by prescription
Voidable contracts: can be cured by prescription
Rescissible contracts: can be cured by prescription
Unenforceable contracts: can't be cured by prescription
5.) As to ratification
Void contracts: can't be ratified
Voidable contracts: can be ratified
Rescissible contracts: don't need to be ratified
Unenforceable contracts: can be ratified
6.) As to who can assail/question/attack
Void contracts: not just the contracting parties, but also a 3rd person whose interest is directly affected
Voidable contracts: only a contracting party
Rescissible contracts: not just the contracting parties, but also a 3rd person who is prejudiced or damaged by the contract
Unenforceable contracts: only a contracting party
7.) As to direct or collateral attack
Void contracts: can be attacked both directly and collaterally
Voidable contracts: can be attacked both directly and collaterally
Rescissible contracts: direct attack only
Unenforceable contracts: can be attacked both directly and collaterally
6 comments:
I have a query sir. It's about who can assail the validity Is it only the contracting parties can assail in voidable contracts? Or those who are subsidiarily obliged also (e.g. guarantors)?
Considering that Article 1397 states that thos who are subsidiarily obliged is also included.
sir..
paano naman po pag binding efficacy ano naman po ang distinction nila?
Effect yan....
thank you, it helped me in my assignment.
Among the four defective contracts, which one is the most defective?
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