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Documente Profesional
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MUDSKIPPER
2
MUDSKIPPER
(1) Those where one of the parties is made by the auctioneer in his sales
incapable of giving consent to a book, at the time of the sale, of the
contract; amount and kind of property sold, terms
of sale, price, names of the purchasers
(2) Those where the consent is vitiated
and person on whose account the sale
by mistake, violence, intimidation,
is made, it is a sufficient memorandum;
undue influence or fraud.
5. An agreement for the leasing for a
These contracts are binding, unless they longer period than one year, or for the
are annulled by a proper authority sale of real property or of an interest
action in court. They are susceptible of therein;
ratification. (n) 6. A presentation as to the credit of a third
person.
Art. 1403.
7. Those where both parties are incapable
The following contracts are of giving consent to a contract.
unenforceable, unless they are ratified:
Art. 1409.
Those entered into in the name of The following contracts are inexistent
another person by one who has been and void from the beginning:
given no authority or legal
representation, or who has acted 1.) Those whose cause, object or
beyond his powers; purpose is contrary to law, morals, good
These that do not comply with the customs, public order or public policy;
Statute of Frauds as set forth in this
number. In the following cases, an 2.) Those which are absolutely simulated
agreement hereafter made shall be or fictitious;
unenforceable by action, unless the
same, or some note or memorandum 3.) Those whose cause or object did not
thereof, be in writing, and subscribed by exist at the time of the transaction;
the party charged, or by his agent;
evidence, therefore, of the agreement 4.) Those whose object is outside the
cannot be received without the writing, commerce of men;
or a secondary evidence of its contents.
5.) Those which contemplate an
1. An agreement that by its terms is not to
impossible service;
be performed within a year from the
making thereof;
6.) Those where the intention of the
2. A special promise to answer for the
parties relative to the principal object of
debt, default, or miscarriage of another;
the contract cannot be ascertained;
3. An agreement made in consideration of
marriage, other than mutual promise to
7.) Those expressly prohibited or
marry;
declared void by law.
4. An agreement for the sale of goods,
chattels or things in action, at a price
These contracts cannot be ratified.
not less than five hundred pesos, unless
Neither can the right to set up the
the buyer accept and receive part of
defense or illegality be waived. (n)
such goods and chattels, or the
evidence, or some of them of such
things in action, or pay at the time some
part of the purchase money; but when
the sale is made by auction and entry is