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Article 1410

Article 1410 states that an action or defense seeking a declaration that a contract is void does not prescribe, meaning there is no time limit to file a petition claiming a contract's nullity. This is because a defect in a void contract is persistent and incurable, so the contract cannot become valid over time alone. While it is not necessary to bring an action to declare a void contract void, it is preferable to obtain a judicial declaration of nullity for clarity and to avoid parties taking the law into their own hands. This article does not apply to contracts that are voidable rather than void, as voidable contracts can only be rescinded through a proper court action brought within four years.

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42 views

Article 1410

Article 1410 states that an action or defense seeking a declaration that a contract is void does not prescribe, meaning there is no time limit to file a petition claiming a contract's nullity. This is because a defect in a void contract is persistent and incurable, so the contract cannot become valid over time alone. While it is not necessary to bring an action to declare a void contract void, it is preferable to obtain a judicial declaration of nullity for clarity and to avoid parties taking the law into their own hands. This article does not apply to contracts that are voidable rather than void, as voidable contracts can only be rescinded through a proper court action brought within four years.

Uploaded by

Queenel Mabbayad
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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ARTICLE 1410

Let us now talk about Article 1410. This article says that "The action or defense for the declaration of
the inexistence of a contract does not prescribe". Not prescribe means that there is no time limit for
the filing of the petition for the declaration of its nullity. This action or defense should not be confused
with an action for the annulment of avoidable contract.

First, we have Action or defense imprescriptible

- A party to a void contract can always bring a court action to declare it void or inexistent, and a party
seeking to enforce a void contract can always raise the defense of nullity, even if the contract has
been in effect for a long time. The action or defense isn't required because the defect is persistent and
incurable. A void contract cannot be made effective by the passage of time alone. Ratification will not
cure it either.

The right to file an action for reconveyance has been upheld on the ground that the certificate of title
was obtained by means of a fictitious deed of sale is virtually an action for the declaration of its nullity or
what we called voidness. An action for reconveyance based on a void contract (e.g., forged deed of sale)
is imprescriptible.

Validity is well-established between the contracting parties. If it is illegal or against the law and
government policies, it cannot be given to it by estoppel. Any person does not have the authority to
trade away what is protected by law as public policy.

Laches or the unreasonable delay in making an assertion or claim, such as asserting a right, or claiming a
privilege, which may result in refusal cannot be set up to prevent the enforcement of a legally inviolable
right.

Article 1410's positive mandate should take precedence over any abstract arguments based only on
equity. Despite the passage of time, an heir can successfully defend his inheritance.

And even before the effectivity of the new Civil Code, the rule in Article 1410 has been applied

Second is Necessity of judicial declaration

-Because a void contract has no bearing, it is not necessary to bring an action to declare it void. It is
upon the right of a party to unilaterally cancel and treat as avoided a void contract.

The existence of such action is illogical. However, the plaintiff might bring an action to declare the
contract void and reclaim what he has given under the contract in the same action.

It is preferable to get a judicial declaration of nullity, not only to offer the parties piece of mind, but also
to avoid their taking the law into their own hands.
Third is Rule where contract does not void but merely voidable

Remember that a proper action in court is the only way for a voidable contract to be rescind, which
the span is within (4) years from the time cause of action accrues, this is related to (Art. 1391). The
defendant cannot raise a defense to the legality of a voidable contract and subsequently ask for its
annulment in an action to enforce it. However, because it is in the form of a complaint, he can do so in a
counterclaim.

Article 1410 is applicable to contracts; therefore, it cannot be possibly applied to last wills and
testaments. It is not a contract, rather it is egal document detailing wishes regarding assets and
dependents after death.

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