CONTRACTS: CHAPTER VI - RESCISSIBLE OF CONTRACTS

Article ____. Contracts validly agreed upon may be rescinded

in the cases established by law.

• 1380

• 1830

• 1083

Those contracts validly agreed upon because all the essential elements exist and, therefore, legally effective, but in the cases established by law, the remedy of rescission is granted in the interest of equity.

• Rescissible Contracts

• Contracts

  Non- rescissible Contracts

• Changeable Contracts

An equitable remedy granted by law to the contracting parties and sometimes even to third persons in order to secure reparation of damages caused them by a valid contract.

(a)  

The following contracts are rescissible EXCEPT:

(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

(5) None of the above

• 1

• 2

• 3

• 4

• 5

A person who disappears from his domicile, his whereabouts being unknown, and without leaving an agent to administer his property.

(a)  

The action to rescind in fraud of creditors is known as______.

• Accion subrogatoria

• Accion Pauliana

In order that fraud of creditors may be a valid ground for rescission, there must be fraud on the part of the debtor which may be presumed or proved.

• TRUE

• FALSE

Rescission for breach of contract is not predicated on injury to economic interests of the party plaintiff but on the (a)   by the defendant.

________the cause of action is subordinated to the existence of that prejudice, because it is the raison d’etre as well as the measure of the right to rescind.

• Rescission by reason of lesion.

• Rescission for breach of contract.

Payments made in a state of insolvency for obligations to whose fulfillment the debtor __________________________.

• could not be compelled at the time they were affected, are also rescissible.

• could not be compelled at the time they were affected, are not rescissible.