8/16/2019 CW3 - 3.doc

1/2

Case Analysis on Chapter 6 & 7 

 Rescissible Contracts and 

 Voidable Contracts

 Dela Rea, Kimmi F.

 Mapua Institute of Technology

School of Electrical, Electronics and Computer Engineering 

 Muralla St. Intramuros, Manila

kdelarea32@yahoo.com

 

This paper is a Case Analysis on Chapter 6 – Rescissible

Contracts and Chapter 7 Voidable Contracts. The

problems assigned to Group 8 are in the folloing!

"roblem #

$ oes C "#%%&%%%. 'ince $ fails to pay& C

e(pressed its illingness to accept the car of $& ith the

same )alue& more or less& in payment of his debt. $& in bad

faith& sold the car to *. +as C the right to as, for rescission

of the sale-

"roblem

/'& a minor& sold property to 0. 1ater& the sale is

annulled on the ground of the minority of '. 2s ' bound to

return the price recei)ed by him-3 2n the same problem&

suppose '& upon reaching the age of ma4ority& decided to

ratify or respect the contract. +as 0 the right to refuse the

ratification and demand mutual restitution of the property

and the price-

 

ARTICLES RELATED ON THE PROBLEMS

Article #58#

The following contracts are rescissible!"# Those which are entere$ into b% g&ar$ians whene'er 

the war$s who( the% re)resent s&ffer lesion b% (ore

than one*fo&rth of the 'al&e of the things which are

the ob+ect thereof,!-# Those agree$ &)on in re)resentation of absentees. if 

the latter s&ffer the lesion state$ in the )rece$ing

n&(ber,

!/# Those &n$erta0en in fra&$ of cre$itors when the latter cannot in an% other (anner collect the clai(s $&e

the(,

!1# Those which refer to things &n$er ligitation if the%ha'e been entere$ into b% the $efen$ant witho&t the

0nowle$ge an$ a))ro'al of the litigants or co()etent

 +&$icial a&thorit%,

!2# All other contracts s)eciall% $eclare$ b% law to bes&b+ect to rescission3

Article #55

Ratification (a% be affecte$ e4)ressl% or tacitl%3 It is

&n$erstoo$ that there is a tacit ratification if. with 0nowle$ge

of the reason which ren$ers the contract 'oi$able an$ s&ch

reason ha'ing cease$. the )erson who has a right to in'o0e it

sho&l$ e4ec&te an act which necessaril% i()lies an intention towai'e his right3

PROBLEMS 5ITH ANS5ERS

"roblem #

8/16/2019 CW3 - 3.doc

2/2

$ oes C "#%%&%%%. 'ince $ fails to pay& C

e(pressed its illingness to accept the car of $& ith the

same )alue& more or less& in payment of his debt. $& in bad

faith& sold the car to *. +as C the right to as, for rescission

of the sale-

*6es. beca&se the car was &n$er litigation between D

an$ C3 Also. D co(es to a fra&$ beca&se he sell the car to 7

witho&t the 0nowle$ge of C3 8n$er Article "/9" )ar3 / an$ 1.those &n$erta0en in fra&$ of cre$itors an$ those things which

is the car &n$er litigation if the% ha'e been entere$ into b% the

$efen$ant witho&t the 0nowle$ge an$ a))ro'al of litigants3

Contracts &n$erta0en fra&$ of cre$itors which is the C (a% be'ali$ for rescission3

"roblem

/'& a minor& sold property to 0. 1ater& the sale is

annulled on the ground of the minority of '. 2s ' bound to

return the price recei)ed by him-3 2n the same problem&

suppose '& upon reaching the age of ma4ority& decided to

ratify or respect the contract. +as 0 the right to refuse theratification and demand mutual restitution of the property

and the price-

*No. beca&se the ratifier in$icates an intention to be

 bo&n$ to the )ro'isions of the contract3 The ratifier was S3 The

ratification was i()lie$ beca&se there is a reason which

ren$ers the contract 'oi$able an$ the (inor co(es to it age of (a+orit%3 It was &n$er Article "/:/ that with 0nowle$ge of the

reason which ren$ers the contract 'oi$able3