This document provides a comparative table summarizing the key differences between 4 types of defective contracts: void, voidable, rescissible, and unenforceable. The table lists 7 items that differentiate the 4 contract types, including: 1) what causes the defect, 2) validity and enforceability, 3) applicable actions and prescriptions, 4) whether the defect can be cured by prescription, 5) whether ratification is possible, 6) who can assail the contract, and 7) whether the contract can be assailed directly or collaterally.
This document provides a comparative table summarizing the key differences between 4 types of defective contracts: void, voidable, rescissible, and unenforceable. The table lists 7 items that differentiate the 4 contract types, including: 1) what causes the defect, 2) validity and enforceability, 3) applicable actions and prescriptions, 4) whether the defect can be cured by prescription, 5) whether ratification is possible, 6) who can assail the contract, and 7) whether the contract can be assailed directly or collaterally.
This document provides a comparative table summarizing the key differences between 4 types of defective contracts: void, voidable, rescissible, and unenforceable. The table lists 7 items that differentiate the 4 contract types, including: 1) what causes the defect, 2) validity and enforceability, 3) applicable actions and prescriptions, 4) whether the defect can be cured by prescription, 5) whether ratification is possible, 6) who can assail the contract, and 7) whether the contract can be assailed directly or collaterally.
This document provides a comparative table summarizing the key differences between 4 types of defective contracts: void, voidable, rescissible, and unenforceable. The table lists 7 items that differentiate the 4 contract types, including: 1) what causes the defect, 2) validity and enforceability, 3) applicable actions and prescriptions, 4) whether the defect can be cured by prescription, 5) whether ratification is possible, 6) who can assail the contract, and 7) whether the contract can be assailed directly or collaterally.
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COMPARATIVE TABLE OF DEFECTIVE CONTRACTS
ITEMS VOID VOIDABLE RESCISSIBLE UNENFORCEABLE
1. Defect is caused by Defect is caused by Defect is caused Defect is caused by
lack of essential vice of consent by injury/ damage lack of form, elements or illegality either to one of authority, or capacity the parties of to a of both parties not 3rd person cured by prescription
2. Do not, as a general Valid and Valid and Cannot be enforced
rule produce any legal enforceable until enforceable until by a proper action in effect they are annulled by they are rescinded court a competent court by a competent court
3. Action for the Action for Action for Corresponding action
declaration or nullity annulment or rescission may for recovery, if there or inexistence or defense of prescribe was total or partial defense of nullity or annulability may performance of the inexistence does not prescribe unenforceable prescribe contract under No. 1 or 3 of Article 1403 may prescribe
5. Cannot be ratified Can be ratified Need not be Can be ratified
ratified 6. Assailed not only by Assailed only by a Assailed not only Assailed only by a a contracting party but contracting party by a contracting contracting party even by a third person party but even by whose interest is a third person who directly affected is prejudiced or damaged by the contract
7. Assailed directly or Assailed directly or Assailed directly Assailed directly or