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TRANSCRIPT
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Case Analysis on Chapter 6 & 7
Rescissible Contracts and
Voidable Contracts
Dela Rea, Kimmi F.
Mapua Institute of Technology
School of Electrical, Electronics and Computer Engineering
Muralla St. Intramuros, Manila
This paper is a Case Analysis on Chapter 6 – Rescissible
Contracts and Chapter 7 Voidable Contracts. The
problems assigned to Group 8 are in the folloing!
"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. $& in bad
faith& sold the car to *. +as C the right to as, for rescission
of the sale-
"roblem
/'& a minor& sold property to 0. 1ater& the sale is
annulled on the ground of the minority of '. 2s ' bound to
return the price recei)ed by him-3 2n the same problem&
suppose '& upon reaching the age of ma4ority& decided to
ratify or respect the contract. +as 0 the right to refuse the
ratification and demand mutual restitution of the property
and the price-
ARTICLES RELATED ON THE PROBLEMS
Article #58#
The following contracts are rescissible!"# Those which are entere$ into b% g&ar$ians whene'er
the war$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 agree$ &)on in re)resentation of absentees. if
the latter s&ffer the lesion state$ in the )rece$ing
n&(ber,
!/# Those &n$erta0en in fra&$ of cre$itors when the latter cannot in an% other (anner collect the clai(s $&e
the(,
!1# Those which refer to things &n$er ligitation 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%,
!2# All other contracts s)eciall% $eclare$ b% law to bes&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 towai'e his right3
PROBLEMS 5ITH ANS5ERS
"roblem #
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$ 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 theratification 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