COMPARATIVE TABLE OF DEFECTIVE CONTRACTS

Lecture Notes on Defective Contracts under the Civil Code

By: Atty. Caesar M. Ortega, PUP College of Law

NATURE STATUS OF THE REMEDY PRESCRIPTIVE REAL PARTY IN GROUNDS

OF DEFECT CONTRACT PERIOD INTEREST

4 years. Art 1381

Guardianship: 4 yrs Lesion,

Valid & Enforceable, from termination of One of the
unless rescinded Rescission incapacity. parties or; In fraud of creditors,
RESCISSIBLE
Absentee: 4 yrs from A third person In state of insolvency,
the time domicile is
known Declared by law

Valid and binding 4 years.

until annulled by Annulment or Incapable of giving
VOIDABLE proper court action Ratification Duress – from cessation Contracting party consent;
M/F – from discovery
M/I/G – from cessation Vitiated consent
of incapacity (Art. 1390)

Valid but Contracting party Lack of prescribed form;

unenforceable by Ratification No prescription or Lack of authority
UNENFORCEABLE action unless Aggrieved party (Art. 1403)
ratified
 Object, cause, purpose
contrary to LMGcPoPp;

Absolutely simulated or
fictitious

Cause or object did not

VOID Absolutely null and Declaration No prescription Contracting part exist at the time of
void of absolute or transaction
nullity or Third person
inexistence Object outside commerce
of man

Impossible service

Intention of the parties

cannot be ascertained

Expressly prohibited or
declared void by law
(Art. 1409)