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Lesson 6. Effects of Prescription and Prescriptive Period Effect of Resclssion (An'. 1385).- 1. As to the parties mutual restitution together with the fruits and
Lesson 6. Effects of Prescription and Prescriptive Period Effect of Resclssion (An'. 1385).- 1. As to the parties mutual restitution together with the fruits and interest. Note: This is applicable only to rescissory actions on the ground of lesion and not to rescissory actions on the ground of fraud. 2. As to third person a. Bad faith or not legally in possession obliged to return b. Legally in possession and not in bad faith - no rescission; however, indemnity for damages may be demanded from the person causing the loss Prescriptlve Period for Action for Rescission (Art. 1389): 1. Under An'. 1381' no. 1 - within 4 years from the time of the termination of the incapacity of the ward. 2. Under Art. 1381 no. 2 within 4 years from the time the domicile of the absentee is known. 3. Under Art. 1381 nos. Sand4 as well as Art. 1382within 4 years from the time of the discovery of fraud
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