TITLE 2 CH.8 UNENFORCEABLE CONTRACTS Flashcards
“Art. 1403. The following contracts are unenforceable, unless […]:
(1) Those entered into the name of another person by […], or who has […];
(2) Those that do not comply with the […] as set forth in this number. In the following cases an agreement hereafter made shall be unenforceable by action, unless […]; evidence, therefore, of the agreement cannot […], or a […]:
(a) […];
(b) […];
(c) […];
(d) […];
(e) […];
(f) […].
(3) Those where both parties are […]. “
“Art. 1403. The following contracts are unenforceable, unless they are ratified:
(1) Those entered into the name of another person by one who has been given no authority or legal representation, or who has acted beyond his powers;
(2) Those that do not comply with the Statute of Frauds as set forth in this number. In the following cases an agreement hereafter made shall be unenforceable by action, unless the same, or some note or memorandum thereof, be in writing, and subscribed by the party charged, or by his agent; evidence, therefore, of the agreement cannot be received without the writing, or a secondary evidence of its contents:
(a) An agreement that by its terms is not to be performed within a year from the making thereof;
(b) A special promise to answer for the debt, default, or miscarriage of another;
(c) An agreement made in consideration of marriage, other than a mutual promise to marry;
(d) An agreement for the sale of goods, chattels or things in action, at a price not less than Five hundred pesos, unless the buyer accept and receive part of such goods and chattels, or the evidences, or some of them, of such things in action, or pay at the time some part of the purchase money; but when a sale is made by auction and entry is made by the auctioneer in his sales book, at the time of the sale, of the amount and kind of property sold, terms of sale, price, names of the purchasers and persons on whose account the sale is made, it is a sufficient memorandum;
(e) An agreement for the leasing for a longer perio than one year, or for the sale of real property or of an interest therein;
(f) A representation as to credit of a third person.
(3) Those where both parties are incapable of giving consent to a contract. “
Art. 1404. Unauthorized contracts are governed by […].
Art. 1404. Unauthorized contracts are governed by Article 1317 and the principles of agency in Title X of this Book.
Art. 1405. Contracts infringing the […] of Article 1403, are ratified by the […], or by the […].
Art. 1405. Contracts infringing the Statute of Frauds, referred to in No. 2 of Article 1403, are ratified by the failure to object to the presentation of oral evidence to prove the same, or by the acceptance of benefits under them.
Art. 1406. When a contract is enforceable under the Statute of Frauds, and a public document is necessary for its registration in the Registry of Deeds, the parties may […].
Art. 1406. When a contract is enforceable under the Statute of Frauds, and a public document is necessary for its registration in the Registry of Deeds, the parties may avail themselves of the right under Article 1357.
“Art. 1407. In a contract where both parties are incapable of giving consent, […] by the parent, or guardian, as the case may be, of one of the contracting parties shall give the contract the same effect […].
If ratification is made by the parents or guardians, as the case may be, of […], the contract shall be validated from […].”
“Art. 1407. In a contract where both parties are incapable of giving consent, express or implied ratification by the parent, or guardian, as the case may be, of one of the contracting parties shall give hte contract the same effect as if only one of them were incapacitated.
If ratification is made by the parents or guardians, as the case may be, of both contracting parties, the contract shall be validated from the inception.”
Art. 1408. Unenforceable contracts cannot […].
Art. 1408. Unenforceable contracts cannot be assailed by third persons.
