Text of the provision
Art. 1390. The following contracts are voidable or annullable, even though there may have been no damage to the contracting parties:
(1) Those where one of the parties is incapable of giving consent to a contract;
(2) Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud. These contracts are binding, unless they are annulled by a proper action in court. They are susceptible of ratification.
(n)
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
Voidable (annullable) contracts — those where a party is incapable of consent or consent is vitiated by mistake, violence, intimidation, undue influence, or fraud — are binding until annulled in court and are susceptible of ratification. Damage is not required.
Related provisions
- Article 1389 — Prescriptive Period for Rescission.
- Article 1391 — Four Years to Annul.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.