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Civil Code, Art. 1401

Voidable Contracts · Formerly Art. 1314a of the old Civil Code

Statute
Civil Code
Article
Art. 1401
Topic
Voidable Contracts
Book
BOOK IV Obligations and Contracts
Title
TITLE II CONTRACTS
Chapter
CHAPTER 7 Voidable Contracts
Formerly
Art. 1314a of the old Civil Code
Year
1949

The provision

The action for annulment of contracts shall be extinguished when the thing which is the object thereof is lost through the fraud or fault of the person who has a right to institute the proceedings. If the right of action is based upon the incapacity of any one of the contracting parties, the loss of the thing shall not be an obstacle to the success of the action, unless said loss took place through the fraud or fault of the plaintiff. (1314a)

Cases applying this article

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