Chapter 13: Validity of a Contract Flashcards

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1
Q

NULLITY (void)- Breach of interests (hint: who can claim nullity)

A

General interests. It is absolute, meaning anyone who has interests can claim nullity.

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2
Q

ANNULMENT (voidable) - Breach of interests (hint: who can claim annulment)

A

Specific interests. It is relative, so up to the specific party to seek annulment.

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3
Q

NULLITY (void) - situations where it applies

A

Absence of one of elements of contract.

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4
Q

ANNULMENT (voidable) - situations where it applies

A

Contracts concluded by incapacity to act, or when there is a “defect of consent” (essential and recognizable mistake, moral violence i.e. threat, or malice i.e. deception)

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5
Q

Invalidity of contracts

A

If a contract is invalid it’s not binding nor legally effective (i.e. ineffective). - both void and voidable = invalid

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6
Q

NULLITY - motion (hint: validation)

A

Must be found of its own motion (irrespective of plaint). Hence it cannot be validated (court must point out). However, it can produce the effects of a different contract the parties would’ve entered into not knowing of nullity.

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7
Q

ANNULMENT - motion (hint: validation)

A

Cannot be found of its own motion (courts must remain impartial). Hence, it can be validated (keep contract although voidable).

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8
Q

NULLITY - limitations

A

1) Usucaption

2) After 10 years of transaction

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9
Q

ANNULMENT - limitations

A

Period of 5 years after entering into contract (for minors, start at age of majority).

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