Art. 1410. The action or defense for the declaration of the inexistence of a contract does not _____.
Prescribe
NATURE: Void contracts..?
a) may be enforceable
b) cannot be ratified
c) can be legally binding upon certain conditions
b) cannot be ratified
Give 4 examples of void contracts
Art. 1409. The following contracts are inexistent and void from the beginning:
(1) Those whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy;
(2) Those which are absolutely simulated or fictitious;
(3) Those whose cause or object did not exist at the time of the transaction;
(4) Those whose object is outside the commerce of men;
(5) Those which contemplate an impossible service;
(6) Those where the intention of the parties relative to the principal object of the contract cannot be ascertained;
(7) Those expressly prohibited or declared void by law.
When can a relative simulation be binding to contracting parties?
When it does not prejudice a third person and is not intended for any purpose in contrary to law, morals, good customs, public order, or public policy.
TRUE OR FALSE: Good faith can be raised as a defense in void contracts.
a) true
b) false
FALSE
When is recovery allowed in void contracts by one party?
Art. 1415, Art. 1416, Art. 1417, Art. 1419
When can a void contract result to prosecution of parties?
When the nullity proceeds from the illegality of the cause or object of the contract, and the act constitutes a criminal offense
CASE Q
CASE ANSWER
CASE Q
CASE ANSWER