Text of the provision
Art. 1381. The following contracts are rescissible:
(1) Those which are entered into by guardians whenever the wards whom they represent suffer lesion by more than one-fourth of the value of the things which are the object thereof;
(2) Those agreed upon in representation of absentees, if the latter suffer the lesion stated in the preceding number;
(3) Those undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them;
(4) Those which refer to things under litigation if they have been entered into by the defendant without the knowledge and approval of the litigants or of competent judicial authority;
(5) All other contracts specially declared by law to be subject to rescission.
(1291a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Rescissible contracts include those by guardians or of absentees causing lesion of more than one-fourth, those in fraud of creditors who cannot otherwise collect, those over things in litigation made without court/party approval, and all others the law declares rescissible.
Related provisions
- Article 1380 — Rescissible Contracts.
- Article 1382 — Rescissible Payments in Insolvency.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.