Académique Documents
Professionnel Documents
Culture Documents
Partition (1098)
Result of deterioration (1189)
Unpaid seller (1526 and 1534)
Badges of Fraud
Voidable Contracts
Where one party is incapable of giving consent to a contract
Convalidation
Prescription (Four years)
From time incapacity ceases
From discovery of such fraud or mistake
Ratification or confirmation
Loss of the thing by thru the fault of the person who has right to
annul
Unenforceable Contracts
Those entered into in the name of another person by one who has
been given no authority or legal representation or who has acted
beyond his powers
Statute of Fraud
––Purpose is to prevent fraud, not to aid the commission of fraud
– – Basic and fundamental principles
Applies only to executory contracts
Cannot apply if action is not for damage bec of violation of
agreement or for specific performance
Exclusive
May be waived
Personal defense
Contracts are not void
Rule of exclusion
Concerns admissibility of evidence, not credibility
Does not apply if action is to claim reformation
Void Contracts
– – No concurrence of offer/acceptance
– – Cause, object, purpose contrary to law, morals, good customs, public
order, or public policy
– – Absolutely simulated or fictitious
– – Cause or object did not exist at the time of the transaction
– – Object outside commerce of men
– – Impossible service
– – Intention of the parties relative to principal object cannot be
ascretained
– – Prohibited or declared void by law
Estoppel
Estoppel by Laches
Estoppel by Laches
Failure or neglect to enforce a right for an
Unreasonable and unexplained length of time
Despite knowledge or notice
EXTINCTIVE PRESCRIPTION
(Arts. 1139-1155)