Incapacity and Fraud

Art. 1327 The following cannot give consent to a contract:

a. Unemancipated minors

b. Insane or demented persons, deaf and  mutes who do not know how to read and write.

Contracts entered into lucid intervals is valid.

Art. 1330 A consent is given through;

  1. Mistake
  2. Violence
  3. Intimidation – (fear or imminent threat)
  4. Undue influence (improper advantage of his power)
  5. Fraud

*Contract is voidable if the consent is vitiated.

Art. 1336 Violence or Intimidation shall annul the obligation , although it may have been employed by a third person who did not take part in the contract.

Kinds of Fraud

 

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About PAM Academy Founder

Newbie Mentor and one of the influential author in the Philippines setting. His also the founder of PAM Academy and Developer of PAM PSE TRACKER application.
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