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Rescissible Contracts
Those which have caused a particular economic damage either to one
of the parties or to a third person and which may be set aside even if valid. It
may be set aside in whole or in part, to the extent of the damage caused.
The contract of sale cannot be rescinded because the lesion is not more
than one-fourth. However, if the property is sold for less than 300,000, B
can rescind the sale by proper action in court upon reaching the age of
majority.
b. Agreed upon in representation of absentees, if absentee suffers lesion
by more than one-fourth of value of property.
c. Contracts where rescission is based on fraud committed on creditor or
accion pauliana.
d. Objects of litigation. Contract entered into by defendant without
knowledge or approval of litigants or judicial authority.
EXAMPLE:
A sues B for the recovery of a car. In this case, the car is a “thing under
litigation.”
If, during the pendency of the case, B sells the car to C without the
approval of A or of the court, the sale is rescissible at the instance of A in
case he wins in his suit for the recovery of the said car unless C is in legal
possession of the car in good faith. A, however may protect his right by filing
a notice of lis pendens or suit pending.
If the action involves personal property, A may petition the court for
the issuance of an order of attachment or the appointment of a receiver to
place the property in custodia legis.
2) The requisites for express ratification are the same as those for implied
ratification except that the former is effected expressly.
However, C may question the sale if under the law (Art. 1622) he has a
right to redemption or repurchase the property from B. in this case, C
would be prejudiced, if the sale is not set aside. The exercise of the
right of redemption of C will in effect annul the contract of sale
between A and B.