Civil Code Art. 1404: Unenforceable Contracts

Statute: Civil Code
Article: Art. 1404
Topic: Unenforceable Contracts
Status: In force
Book: BOOK IV Obligations and Contracts
Title: TITLE II CONTRACTS
Chapter: CHAPTER 8 Unenforceable Contracts
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

Unauthorized contracts are governed by article 1317 and the principles of agency in Title X of this Book.

Intellegal Wiki · In plain terms

Provides that contracts entered into without authority are governed by the rule on unenforceable contracts (article 1317) and by the principles of agency in the Code. Such contracts generally need ratification by the person on whose behalf they were made before they become binding.

An editorially maintained plain-language explanation of this provision — not legal advice.

Cases applying this article

Concepcion Abella de Diaz v. Erlanger & Galinger G.R. No. 38052
Eliseo Santos v. Pablo Bartolome G.R. No. 18032

Related provisions in this Chapter

Civil Code, Art. 1405 Unenforceable Contracts
Civil Code, Art. 1407 Unenforceable Contracts
Civil Code, Art. 1408 Unenforceable Contracts

Civil Code, Art. 1404 is found in CHAPTER 8 Unenforceable 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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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.