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Philippine Civil Code, Art. 2038

Compromises · Formerly Art. 1817a of the old Civil Code

Statute
Philippine Civil Code
Article
Art. 2038
Topic
Compromises
Status
In force
Book
BOOK IV Obligations and Contracts
Title
TITLE XIV COMPROMISES AND ARBITRATIONS
Chapter
CHAPTER 1 Compromises
Formerly
Art. 1817a of the old Civil Code
Year
1949
Cited by
A Supreme Court decision

The provision

A compromise in which there is mistake, fraud, violence, intimidation, undue influence, or falsity of documents, is subject to the provisions of article 1330 of this Code. However, one of parties cannot set up a mistake of fact as against the other if the latter, by virtue of the compromise, has withdrawn from a litigation already commenced. (1817a)

Cases applying this article

Related provisions in this Chapter

Civil Code, Art. 2038 is found in CHAPTER 1 Compromises of TITLE XIV COMPROMISES AND ARBITRATIONS 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 Provisions may have been amended or repealed.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.