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Identify whether the following contracts are VALID, VOIDABLE, UNENFORCEABLE or VOID. 1. A contract where one of the parties is fifteen years of age. 2.
Identify whether the following contracts are VALID, VOIDABLE, UNENFORCEABLE or VOID. 1. A contract where one of the parties is fifteen years of age. 2. A contract where both of the parties are sixteen years of age. 3. A contract where the object involves the killing of a certain person. 4. An oral contract of sale of a parcel of land. 5. A contract where a party is a deaf-mute who can read and write.
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Principle/Doctrine of In Pari Delicto Article 1411 When the nullity proceeds from the illegality of the cause or object of the contract, and the act constitutes a criminal offense, both parties being in pari delicto, they shall have no action against each other, and both shall be prosecuted. Copyright @ 2022 by Luz Phyllis B. Alinao. This cours permission from the author/professor. Article 1412 If the act in which the unlawful or forbidden cause consists does not constitute a criminal offense, the following rules shall be observed: (1) When the fault is on the part of the contracting parties, neither may recover what he has given by virtue of the contract, or demand the performance of the other's undertaking; (2) When only one of the contracting parties is at fault, he cannot recover what he has given by reason of the contract, or ask for the fulfillment of what has been promised him. The other, who is not at fault, may demand the return of what he has given without any obligation to comply with his promise. Copyright @ 2022 by Luz Phyllis B. Alinao. This co permission from the author/professor. Review Questions 3 Identify whether the following contracts are VALID, VOIDABLE, UNENFORCEABLE or VOID. 1. A contract where one of the parties is fifteen years of age. 2. A contract where both of the parties are sixteen years of age. 3. A contract where the object involves the killing of a certain person. 4. An oral contract of sale of a parcel of land. 5. A contract where a party is a deaf-mute who can read and write. Copyright @ 2022 by Luz Phyllis B. Alinao. This cours d or replicated without permission from the author/professor. Reference/ s The Civil Code of the Philippines ( Republic Act No. 386) The Law on Obligations and Contracts, Hector S. De Leon and Hector M. De Leon Jr. , 12th Edition, 2021 Copyright @ 2022 by Luz Phyllis B. Alinao. This course material is intended for personal use of nt enrolled in THM 107. No part of this course material can be reproduced, reposted or replicated without permission from the author/professorStep by Step Solution
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