Text of the provision
Art. 1409. The following contracts are inexistent and void from the beginning:
(1) Those whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy;
(2) Those which are absolutely simulated or fictitious;
(3) Those whose cause or object did not exist at the time of the transaction;
(4) Those whose object is outside the commerce of men;
(5) Those which contemplate an impossible service;
(6) Those where the intention of the parties relative to the principal object of the contract cannot be ascertained;
(7) Those expressly prohibited or declared void by law. These contracts cannot be ratified. Neither can the right to set up the defense of illegality be waived.
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 are void and inexistent from the beginning when the cause/object/purpose is unlawful, when absolutely simulated, when the cause or object did not exist or is outside the commerce of men or an impossible service, when intent cannot be ascertained, or when the law expressly prohibits or voids them. They cannot be ratified, and the defense of illegality cannot be waived.
Related provisions
- Article 1408 — Third Persons and Unenforceable Contracts.
- Article 1410 — Imprescriptibility of Void Contracts.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.