Vous êtes sur la page 1sur 7

Art. 1380. Contracts validly agreed upon may be rescinded in the cases established by law.

REQUISITES:
1.The contract must be a rescissible contract, such as those mentioned in Articles 1381 and 1382. 2.The party asking for rescission must have no other legal means to obtain reparation for the damages suffered by him. (Art.1383) 3.The person demanding rescission must be able to return whatever he may be obliged to restore if rescission is granted. (Art.1385) 4.The things which are the object of the contract must not have passed legally to

Art. 1381. The following contracts are rescissible: (1) Those which are entered into by guardians whenever the wards whom they represent suffer lesion by more than one-fourth of the value of the things which are the object thereof; (2) Those agreed upon in representation of absentees, if the latter suffer the lesion stated in the preceding number; (3) Those undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them; (4) Those which refer to things under litigation if they have been entered into by the defendant without the knowledge and approval of the litigants or of competent judicial authority; (5) All other contracts specially declared by law to

REQUISITES: (1 & 2)
1. The contract must have been entered into by a guardian in behalf of his ward or by a legal representative in behalf of an absentee 2. The ward or absentee must have suffered lesion of more than one-fourth of the value of the property which is object of the contract. 3. The contract must have been entered into without judicial approval. 4. There must be no other legal means for obtaining reparation for lesion 5. The person bringing the action must be able to return whatever he may be obliged to restore, and 6. The object of the contract must not be legally in the possession of a third person who did not act in bad

REQUISITES: (3) 1.There must be a credit existing prior to the celebration of the contract. 2.There must be a fraud, or at least, the intent to commit fraud, or at least, the intent to commit fraud to the prejudice of the creditor seeking the rescission. 3.The creditor cannot in any other legal manner collect his credit, and 4.The object of the contract must not be legally in the possession of a third person who did not act in bad faith.

Art. 1382. Payments made in a state of insolvency for obligations to whose fulfillment the debtor could not be compelled at the time they were effected, are also rescissible.

REQUISITES: 1.It must have been made in a state of insolvency. 2.The obligation must have been one which the debtor could not be compelled to pay at the time such payment was effected.

Vous aimerez peut-être aussi