- Statute
- Civil Code
- Article
- Art. 1407
- 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
In a contract where both parties are incapable of giving consent, express or implied ratification by the parent, or guardian, as the case may be, of one of the contracting parties shall give the contract the same effect as if only one of them were incapacitated. If ratification is made by the parents or guardians, as the case may be, of both contracting parties, the contract shall be validated from the inception.
Intellegal Wiki · In plain terms
When both parties to a contract lack the capacity to give consent, ratification by the parent or guardian of just one of them makes the contract voidable as if only the other party had been incapacitated. If the parents or guardians of both parties ratify it, the contract is treated as valid from its very inception.
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
- Isabela Colleges v. The Heirs of Nieves Tolentino-Rivera G.R. No. 132677
- Felisberto Gonzales, Demandante-Apelante, Contra Charles H. Miller, Como Administrador Del Intestado De Catalina Climaco, Demandado-Apelado G.R. No. 46827
- Staples-Howe Printing Company v. Manila Building G.R. No. 11994
- Leocadio Joaquin v. Lamberto Avellana G.R. No. 4585