VOIDABLE CONTRACTS

VOIDABLE CONTRACTS – intrinsic defect; valid until annulled; defect is due to vice of consent or legal incapacity

CHARACTERISTICS:

a. Effective until set aside

b. May be assailed or attacked only in an action for that purpose

c. Can be confirmed ( Note: CONFIRMATION IS THE PROPER TERM FOR CURING THE DEFECT OF A VOIDABLE CONTRACT)

d. Can be assailed only by the party whose consent was defective or his heirs or assigns

WHAT CONTRACTS ARE VOIDABLE:

a. THOSE WHERE ONE OF THE PARTIES IS INCAPABLE OF GIVING CONSENT TO A CONTRACT (legal incapacity)

(1) minors ( below 18 )

(2) insane unless acted in lucid interval

(3) deaf mute who can’t read or write

(4) persons specially disqualified: civil interdiction

(5) in state of drunkenness

(6) in state of hypnotic spell

b. THOSE WHERE THE CONSENT IS VITIATED BY MISTAKE, VIOLENCE, INTIMIDATION, UNDUE INFLUENCE OR FRAUD (vice of consent)

(1) mistake – false belief into something

REQUISITES:
1. Refers to the subject of the thing which is the object of the contract

2. Refers to the nature of the contract

3. Refers to the principal conditions in an agreement

4. Error as to person - when it is the principal consideration of the contract

5. Error as to legal effect - when mistake is mutual and frustrates the real purpose of parties

(2) violence – serious or irresistible force is employed to wrest consent

(3) intimidation – one party is compelled by a reasonable & well-grounded fear of an imminent & grave danger upon person & property of himself, spouse, ascendants or descendants (moral coercion)

(4) undue influence – person takes improper advantage of his power over will of another depriving latter of reasonable freedom of choice

(5) fraud – thru insidious words or machinations of contracting parties, other is induced to enter into contract w/o w/c he will not enter (dolo causante)