Civil Code Art. 1397: Voidable Contracts

Statute: Civil Code
Article: Art. 1397
Topic: Voidable Contracts
Book: BOOK IV Obligations and Contracts
Title: TITLE II CONTRACTS
Chapter: CHAPTER 7 Voidable Contracts
Formerly: Art. 1302a of the old Civil Code
Year: 1949

The provision

The action for the annulment of contracts may be instituted by all who are thereby obliged principally or subsidiarily. However, persons who are capable cannot allege the incapacity of those with whom they contracted; nor can those who exerted intimidation, violence, or undue influence, or employed fraud, or caused mistake base their action upon these flaws of the contract. (1302a)

Cases applying this article

Barceliza P. Capistrano v. Darryl Limcuando G.R. No. 152413

Related provisions in this Chapter

Civil Code, Art. 1396 Voidable Contracts
Civil Code, Art. 1398 Voidable Contracts
Civil Code, Art. 1393 Voidable Contracts
Civil Code, Art. 1401 Voidable Contracts
Civil Code, Art. 1392 Voidable Contracts

Civil Code, Art. 1397 is found in CHAPTER 7 Voidable Contracts of TITLE II CONTRACTS of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

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