Civil Code Art. 1390: Voidable contracts (1949)

The provision

ARTICLE 1390. The following contracts are voidable or annullable, even though there may have been no damage to the contracting parties:

(1) Those where one of the parties is incapable of giving consent to a contract;

(2) Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud.

These contracts are binding, unless they are annulled by a proper action in court. They are susceptible of ratification. (n)

Related provisions

Civil Code Art. 1191 — Rescission of reciprocal obligations
Civil Code Art. 1305 — Definition of a contract
Civil Code Art. 1315 — Contracts are perfected by mere consent
Civil Code Art. 1391 — Four-year period to annul a voidable contract
Civil Code Art. 1403 — Unenforceable contracts; the Statute of Frauds
Civil Code Art. 1409 — Void or inexistent contracts

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