Illegalillicit ones those whose cause object or

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Unformatted text preview: so estoppel sets in by accepting performance, the defect is waived 4. g. Anyone may invoke the nullity of the contract whenever its juridical effects are asserted against him KINDS OF VOID CONTRACT: a. Those lacking in essential elements: no consent, no object, no cause (inexistent ones) – essential formalities are not complied with ( ex: donation propter nuptias – should conform to formalities of a donation to be valid ) i. Those w/c are absolutely simulated or fictitious – no cause ii. Those which cause or object did not exist at the time of the transaction – no cause/object iii. Those whose object is outside the commerce of man – no object iv. Those w/c contemplate an impossible service – no object v. Those w/c intention of parties relative to principal object of the contract cannot be ascertained b. Prohibited by law c. Those expressly prohibited or declared void by law - Contracts w/c violate any legal provision, whether it amounts to a crime or not d. Illegal/Illicit ones – Those whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy ; Ex: Contract to sell marijuana VOID OR INEXISTENT – of no legal effect CHARACTERISTICS: a. It produces no effect whatsoever either against or in favor of anyone b. There is no action for annulment necessary as such is ipsouickTime™ A judicial declaration to jure. and a Q TIFF is merely decompressor that effect (Uncompressed) this declaration a picture. are needed to see c. It cannot be confirmed, ratified or cured d. If performed, restoration is in order, except if pari delicto will apply e. The right to set up the defense of nullity cannot be waived f. Imprescriptible Page 127 of 297 Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 CONTRACT CONSTITUTE CRIMINAL OFFENSE Parties are in pari delicto Only one party is guilty DOES NOT CONSTITUTE CRIMINAL OFFENSE but is ILLEGAL /UNLAWFUL PER SE a. No action for specific performance h. No action for restitution on either sid...
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This document was uploaded on 02/18/2014 for the course ACC 2001 at Alabama Christian Academy.

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