Valid Void Voidable Inefficacious Rescissible Unenforceable

1. Where price is 1. When requisites 1. If the defect is 1. Third party 1. Non 1. Statute of Frauds
false (relative (COC) are lacking vitiated consent fixing price is performance (Art 1403)
simulation) unable or unwilling
-what is in the deed
is not the one
intended to be paid
2. Non payment of 2. Art 1409 2. Contract entered 2. Price cannot be 2. Art 1381
price by minors, insane, determined/
-remedy available: demented persons & ascertained
specific deaf mutes
performance,
rescission with
damages in either
case
3. Inadequacy of 3. Simulated price where 3. Contracts entered
price there is no meeting of in a state of
(unless there is minds drunkenness/ hypnotic
fraud, mistake, spell
undue influence –
in this case,
voidable)
4. Contract 4. Encumbrance of Inoperative
entered during CPG/ACP without
lucid intervals consent other
spouse/court
5. Minor’s 5. Sale between spouses 1. Impossible
necessaries (art 1490) service
Requisites: 1. -also applies to common
There is perfection law spouses
2. There is delivery
(if no delivery,
voidable)
6. GR: Senility or 6. Art 1491
illness (first three of

Cindy Pelaez
XPN: not valid enumeration may be
when senility or ratified)
illness has impaired
mental faculties
7. Fails to meet requisites
for valid subject matter
(Art 1459-62)
8. Sale of future
inheritance
9. When kind or quantity
of subject matter cannot
be
determined/determinable
10. Absolutely simulated
11. False consideration
-no intention to enter
into a sale
12. Missing elements of a
valid option contract
(does not result to a valid
sale)
13. Seller not owner at
perfection & delivery

*Source: Law on Sales by Villanueva

Cindy Pelaez