CHAPTER 8
UNENFORCEABLE CONTRACTS (n)
Art. 1403. The following contracts are
unenforceable, unless they are ratified:
(1) Those entered into in the name of
another person by one who has been given no authority or legal
representation, or who has acted beyond his powers;
(2) Those that do not comply with the
Statute of Frauds as set forth in this number. In the following cases
an agreement hereafter made shall be unenforceable by action, unless
the same, or some note or memorandum, thereof, be in writing, and
subscribed by the party charged, or by his agent; evidence,
therefore, of the agreement cannot be received without the writing,
or a secondary evidence of its contents:
(a) An agreement that by its terms is
not to be performed within a year from the making thereof;
(b) A special promise to answer for the
debt, default, or miscarriage of another;
(c) An agreement made in consideration
of marriage, other than a mutual promise to marry;
(d) An agreement for the sale of goods,
chattels or things in action, at a price not less than five hundred
pesos, unless the buyer accept and receive part of such goods and
chattels, or the evidences, or some of them, of such things in action
or pay at the time some part of the purchase money; but when a sale
is made by auction and entry is made by the auctioneer in his sales
book, at the time of the sale, of the amount and kind of property
sold, terms of sale, price, names of the purchasers and person on
whose account the sale is made, it is a sufficient memorandum;
(e) An agreement of the leasing for a
longer period than one year, or for the sale of real property or of
an interest therein;
(f) A representation as to the credit
of a third person.
(3) Those where both parties are
incapable of giving consent to a contract.
Art. 1404. Unauthorized contracts are
governed by Article 1317 and the principles of agency in Title X of
this Book.
Art. 1405. Contracts infringing the
Statute of Frauds, referred to in No. 2 of Article 1403, are ratified
by the failure to object to the presentation of oral evidence to
prove the same, or by the acceptance of benefit under them.
Art. 1406. When a contract is
enforceable under the Statute of Frauds, and a public document is
necessary for its registration in the Registry of Deeds, the parties
may avail themselves of the right under Article 1357.
Art. 1407. In a contract where both
parties are incapable of giving consent, express or implied
ratification by the parent, or guardian, as the case may be, of one
of the contracting parties shall give the contract the same effect as
if only one of them were incapacitated.
If ratification is made by the parents
or guardians, as the case may be, of both contracting parties, the
contract shall be validated from the inception.
Art. 1408. Unenforceable contracts
cannot be assailed by third persons.
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