COMPARISON OF A DEFECTIVE CONTRACT

1.) As to defect

VOID CONTRACT caused by lack of essential elements or illegality

VOIDABLE CONTRACT defect is caused by vices of consent

RESCISSIBLE CONTRACT caused by injury/damage either to one of the parties

or a 3rd person

UNENFORCEABLE CONTRACT caused by lack of form, authority or capacity of both

parties not cured by prescription

2.) As to effect

VOID CONTRACT no legal effect, as a general rule

VOIDABLE CONTRACT valid and enforceable until they're annulled by a

competent court

RESCISSIBLE CONTRACT valid and enforceable until rescinded by a competent

court

UNENFORCEABLE CONTRACT can't be enforced by a proper action in court

3.) As to prescription to declare nullity

VOID CONTRACT no prescription for a declaration of nullity, inexistence

or defense of nullity

VOIDABLE CONTRACT action for annulment or defense of annullability can

prescribe

RESCISSIBLE CONTRACT action for prescription can prescribe

UNENFORCEABLE CONTRACT corresponding action for recovery if there was total or

partial performance of the unenforceable contract
under no. 1 or 3 Art. 1403 of the Civil Code may
prescribe

4.) As to curative effect of prescription

VOID CONTRACT can't cured by prescription

VOIDABLE CONTRACT can be cured by prescription

RESCISSIBLE CONTRACT can be cured by prescription

UNENFORCEABLE CONTRACT can't be cured by prescription

5.) As to ratification

VOID CONTRACT can't be ratified

VOIDABLE CONTRACT can be ratified

RESCISSIBLE CONTRACT don't need to be ratified

UNENFORCEABLE CONTRACT can be ratified

6.) As to who can assail/question/attack

VOID CONTRACT not just the contracting parties, but also a 3rd person
whose interest is directly affected

VOIDABLE CONTRACT only a contracting party

RESCISSIBLE CONTRACT not just the contracting parties, but also a 3rd person
who is prejudiced or damaged by the contract

UNENFORCEABLE CONTRACT only a contracting party

7.) As to direct or collateral attack

VOID CONTRACT can be attacked both directly and collaterally

VOIDABLE CONTRACT can be attacked both directly and collaterally

RESCISSIBLE CONTRACT direct attack only

UNENFORCEABLE CONTRACT can be attacked both directly and collaterally