- Statute
- Civil Code
- Article
- Art. 1381
- Topic
- Rescissible Contracts
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE II CONTRACTS
- Chapter
- CHAPTER 6 Rescissible Contracts
- Formerly
- Art. 1291a of the old Civil Code
- Year
- 1949
The provision
The following contracts are rescissible: (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 without the knowledge and approval of the litigants or of competent judicial authority; (5) All other contracts specially declared by law to be subject to rescission. (1291a)
Cases applying this article
- Vicelet Lalicon v. National Housing Authority G.R. No. 185440
- Heirs of Sofia Quirong v. Development Bank of the Philippines G.R. No. 173441
- Mondragon Personal Sales v. Victoriano S. Sola, Jr. G.R. No. 174882
- Congregation of the Religious of the Virgin Mary And/Or the Superior General of the Religious of the Virgin Mary v. Emilio Q. Orola G.R. No. 169790
- Alfonso L. Iringan v. Hon. Court of Appeals G.R. No. 129107
- Vicente I. Santos v. Intermediate Appellate Court G.R. No. 75384
- Luis Mirasol v. Maria Lim G.R. No. 39389
- Marcela Alvaran v. Bernardo Marquez G.R. No. 4465
- Christian General Assembly v. Sps. Avelino C. Ignacio G.R. No. 164789