Text of the provision
Art. 1405. Contracts infringing the Statute of Frauds, referred to in No. 2 of article 1403, are ratified by the failure to object to the presentation of oral evidence to prove the same, or by the acceptance of benefit under them.
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
Contracts infringing the Statute of Frauds are ratified by failure to object to oral evidence of them, or by acceptance of benefits under them. The Statute makes such contracts unenforceable, not void.
Related provisions
- Article 1404 — Unauthorized Contracts.
- Article 1406 — Right to Compel a Public Document.
Cases citing this article
- Estate of Valeriano C. Bueno and Genoveva I. Bueno, represented by Valeriano I. Bueno, G.R. No. 205810, September 9, 2020 — read the decision on LawPhil →
- Lorenzo Willy, substituted by his heirs, namely: Felicidad D. Willy, Betty Willy Cadangen, Tony, G.R. No. 207051, December 1, 2021 — read the decision on LawPhil →
- Marito and Maria Fe Serna vs. Tito and Iluminada Dela Cruz, G.R. No. 237291, February 1, 2021 — read the decision on LawPhil →
- Spouses Cipriano Pamplona and Bibiana Intac vs. Spouses Lilia I. Cueto and Vedasto Cueto, G.R. No. 204735, February 19, 2018 — read the decision on LawPhil →
- San Miguel Properties, Inc. vs. BF Homes, Inc, G.R. No. 169343, August 5, 2015 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.