Void Contracts
Void Contracts
A void or inexistent contract is one which has no force and effect from
the very beginning. Hence, it is as if it has never been entered into
and cannot be validated either by the passage of time or by
ratification. There are two types of void contracts:
(1) those where one of the essential requisites of a valid contract as
provided for by Article 1318
(2) those declared to be so under Article 1409
Article 1318. There is no contract
unless the following requisites
concur:
(1) Consent of the contracting parties;
(2) Object certain which is the subject matter of the contract;
(3) Cause of the obligation which is established.
Real Contracts
Require a fourth requisite which is delivery