Text of the provision
Art. 1408. Unenforceable contracts cannot be assailed by third persons.
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
Unenforceable contracts cannot be assailed by third persons — only the contracting parties may raise the defense.
Related provisions
- Article 1407 — Both Parties Incapable.
- Article 1409 — Void or Inexistent Contracts.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.
Note. The text of the provision above is reproduced in full from the official enactment (Republic Act No. 386), verified against the LawPhil and ChanRobles renderings. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.