- Statute
- Civil Code
- Article
- Art. 1390
- Topic
- Voidable contracts
- Year
- 1949
The provision
Art. 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)
Key points
Voidable (annullable) contracts are valid and binding until annulled by a proper court action — those where a party is incapable of consent, or where consent is vitiated by mistake, violence, intimidation, undue influence, or fraud.
Related provisions
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