Case Analysis Analysis on Chapter 6 & 7 Rescissible Contracts and and Voidable Contracts Dela Rea, Kimmi F. F. Mapua Institute of of Technology Technology School of Electrical, Electronics Electronics and Computer Engineering Muralla St. Intramuros Intramuros,, Manila
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This paper is a Case Analysis on Chapter 6 – Rescissible Cont Contra ract ctss and and Chap Chapte terr 7 Voidabl idablee Cont Contra ract cts. s. The The problems assigned to Group 8 are in the folloing!
ARTICLES RELATED RELATED ON THE PROBLEMS "roblem # $ oes oes C "#%% "#%%&% &%%% %%.. 'inc 'incee $ fail failss to pay pay& C e(pressed its illingness to accept the car of $& ith the same )alue& more or less& in payment of his debt. $& in bad faith& sold the car to *. +as C the right to as, for rescission of the sale-
"roblem /'& a minor& sold property to 0. 1ater& the sale is annulled on the ground of the minority of '. 2s ' bound to return the price recei)ed by him-3 2n the same problem& suppose '& upon reaching the age of ma4ority& decided to ratify or respect the contract. +as 0 the right to refuse the ratification and demand mutual restitution of the property and the price-
Article #58# The following contracts are rescissible !"# Those Those which are are entere$ entere$ into b% g&ar$ia g&ar$ians ns whene'er whene'er the war$s who( the% re)resent s&ffer lesion b% (ore than one*fo&rth of the 'al&e of the things which are the ob+ect thereof, !-# Those Those agree$ agree$ &)on in re)resen re)resentatio tation n of absentees absentees.. if the latter s&ffer s&ffer the lesion state$ in the )rece$ing )rece$ing n&(ber, !/# Those Those &n$erta0en &n$erta0en in fra&$ fra&$ of cre$itors cre$itors when when the latter latter cannot in an% other (anner collect the clai(s $&e the(, !1# Those Those which which refer refer to things things &n$er &n$er ligitat ligitation ion if the% ha'e been entere$ into b% the $efen$ant witho&t the 0nowle$ge an$ a))ro'al of the litigants or co()etent +&$icial a&thorit%, a&thorit%, !2# All All other other contrac contracts ts s)ecial s)eciall% l% $eclare $eclare$ $ b% law to be s&b+ect to rescission3
Article #55 Ratification (a% be affecte$ e4)ressl% or tacitl%3 It is &n$erstoo$ that there is a tacit ratification if. with 0nowle$ge of the reason which ren$ers the contract 'oi$able an$ s&ch reason ha'ing cease$. the )erson who has a right to in'o0e it sho&l$ e4ec&te an act which necessaril% i()lies an intention to wai'e his right3
PROBLEMS 5ITH ANS5ERS "roblem #
$ oes C "#%%&%%%. 'ince $ fails to pay& C e(pressed its illingness to accept the car of $& ith the same )alue& more or less& in payment of his debt. $& in bad faith& sold the car to *. +as C the right to as, for rescission of the sale-
*6es. beca&se the car was &n$er litigation between D an$ C3 Also. D co(es to a fra&$ beca&se he sell the car to 7 witho&t the 0nowle$ge of C3 8n$er Article "/9" )ar3 / an$ 1. those &n$erta0en in fra&$ of cre$itors an$ those things which is the car &n$er litigation if the% ha'e been entere$ into b% the $efen$ant witho&t the 0nowle$ge an$ a))ro'al of litigants3 Contracts &n$erta0en fra&$ of cre$itors which is the C (a% be 'ali$ for rescission3
"roblem /'& a minor& sold property to 0. 1ater& the sale is annulled on the ground of the minority of '. 2s ' bound to return the price recei)ed by him-3 2n the same problem& suppose '& upon reaching the age of ma4ority& decided to ratify or respect the contract. +as 0 the right to refuse the ratification and demand mutual restitution of the property and the price-
*No. beca&se the ratifier in$icates an intention to be bo&n$ to the )ro'isions of the contract3 The ratifier was S3 The ratification was i()lie$ beca&se there is a reason which ren$ers the contract 'oi$able an$ the (inor co(es to it age of (a+orit%3 It was &n$er Article "/:/ that with 0nowle$ge of the reason which ren$ers the contract 'oi$able3
