Obli Void

CHAPTER 9 given, and shall not be bound to comply with his
promise. (1305)
VOID AND INEXISTENT CONTRACTS
Art. 1412. If the act in which the unlawful or forbidden

Art. 1409. The following contracts are inexistent and
cause consists does not constitute a criminal offense, the
void from the beginning:
following rules shall be observed:
(1) Those whose cause, object or purpose is contrary to
law, morals, good customs, public order or public policy;
(1) When the fault is on the part of both contracting
parties, neither may recover what he has given by virtue
(2) Those which are absolutely simulated or fictitious; of the contract, or demand the performance of the other's
undertaking;
(3) Those whose cause or object did not exist at the time
of the transaction; (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
(4) Those whose object is outside the commerce of men; promised him. The other, who is not at fault, may
demand the return of what he has given without any
obligation to comply his promise. (1306)
(5) Those which contemplate an impossible service;
Art. 1413. Interest paid in excess of the interest allowed

by the usury laws may be recovered by the debtor, with
(6) Those where the intention of the parties relative to
interest thereon from the date of the payment.
the principal object of the contract cannot be ascertained;
Art. 1414. When money is paid or property delivered for

(7) Those expressly prohibited or declared void by law.
an illegal purpose, the contract may be repudiated by one
of the parties before the purpose has been accomplished,
or before any damage has been caused to a third person.
These contracts cannot be ratified. Neither can the right In such case, the courts may, if the public interest will
to set up the defense of illegality be waived. thus be subserved, allow the party repudiating the
Art. 1410. The action or defense for the declaration of contract to recover the money or property.
the inexistence of a contract does not prescribe.
Art. 1415. Where one of the parties to an illegal contract

Art. 1411. When the nullity proceeds from the illegality is incapable of giving consent, the courts may, if the
of the cause or object of the contract, and the act interest of justice so demands allow recovery of money
constitutes a criminal offense, both parties being in pari or property delivered by the incapacitated person.
delicto, they shall have no action against each other, and
both shall be prosecuted. Moreover, the provisions of the
Penal Code relative to the disposal of effects or Art. 1416. When the agreement is not illegal per se but is
instruments of a crime shall be applicable to the things merely prohibited, and the prohibition by the law is
or the price of the contract. designated for the protection of the plaintiff, he may, if
public policy is thereby enhanced, recover what he has
paid or delivered.
This rule shall be applicable when only one of the parties
is guilty; but the innocent one may claim what he has
Art. 1417. When the price of any article or commodity is Art. 1424. When a right to sue upon a civil obligation
determined by statute, or by authority of law, any person has lapsed by extinctive prescription, the obligor who
paying any amount in excess of the maximum price voluntarily performs the contract cannot recover what he
allowed may recover such excess. has delivered or the value of the service he has rendered.
Art. 1418. When the law fixes, or authorizes the fixing Art. 1425. When without the knowledge or against the
of the maximum number of hours of labor, and a will of the debtor, a third person pays a debt which the
contract is entered into whereby a laborer undertakes to obligor is not legally bound to pay because the action
work longer than the maximum thus fixed, he may thereon has prescribed, but the debtor later voluntarily
demand additional compensation for service rendered reimburses the third person, the obligor cannot recover
beyond the time limit. what he has paid.
Art. 1419. When the law sets, or authorizes the setting of Art. 1426. When a minor between eighteen and twenty-
a minimum wage for laborers, and a contract is agreed one years of age who has entered into a contract without
upon by which a laborer accepts a lower wage, he shall the consent of the parent or guardian, after the
be entitled to recover the deficiency. annulment of the contract voluntarily returns the whole
thing or price received, notwithstanding the fact the he
has not been benefited thereby, there is no right to
Art. 1420. In case of a divisible contract, if the illegal demand the thing or price thus returned.
terms can be separated from the legal ones, the latter
may be enforced.
Art. 1427. When a minor between eighteen and twenty-
one years of age, who has entered into a contract without
Art. 1421. The defense of illegality of contract is not the consent of the parent or guardian, voluntarily pays a
available to third persons whose interests are not directly sum of money or delivers a fungible thing in fulfillment
affected. of the obligation, there shall be no right to recover the
same from the obligee who has spent or consumed it in
good faith. (1160A)
Art. 1422. A contract which is the direct result of a
previous illegal contract, is also void and inexistent.
Art. 1428. When, after an action to enforce a civil
obligation has failed the defendant voluntarily performs
the obligation, he cannot demand the return of what he
has delivered or the payment of the value of the service
Title III. - NATURAL OBLIGATIONS he has rendered.
Art. 1423. Obligations are civil or natural. Civil Art. 1429. When a testate or intestate heir voluntarily
obligations give a right of action to compel their pays a debt of the decedent exceeding the value of the
performance. Natural obligations, not being based on property which he received by will or by the law of
positive law but on equity and natural law, do not grant a intestacy from the estate of the deceased, the payment is
right of action to enforce their performance, but after valid and cannot be rescinded by the payer.
voluntary fulfillment by the obligor, they authorize the
retention of what has been delivered or rendered by
reason thereof. Some natural obligations are set forth in
the following articles.
Art. 1430. When a will is declared void because it has
not been executed in accordance with the formalities
required by law, but one of the intestate heirs, after the
settlement of the debts of the deceased, pays a legacy in
compliance with a clause in the defective will, the
payment is effective and irrevocable.

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CHAPTER 9 given, and shall not be bound to comply with his

Art. 1412. If the act in which the unlawful or forbidden

Art. 1413. Interest paid in excess of the interest allowed

Art. 1414. When money is paid or property delivered for

Art. 1415. Where one of the parties to an illegal contract

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