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    ARTICLE 1405-1406 Word

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    Sweet Zel Grace Porras
    The document discusses contracts that violate the Statute of Frauds and ways such contracts can be ratified. It notes two ways of ratifying contracts that violate the Statute of Frauds: 1) failure to object to oral evidence being presented about the contract, and 2) accepting benefits from the contract. It also discusses the right of one party to compel the other party to execute a public document needed for registration when the contract is valid and enforceable under the Statute of Frauds. An example is provided where a party cannot compel the other to document an oral land sale, as it is unenforceable unless ratified. The document also summarizes a court case where applicants were allowed to present oral evidence of a land sale

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    ARTICLE 1405-1406 Word

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    Sweet Zel Grace Porras
    3K views2 pages
    The document discusses contracts that violate the Statute of Frauds and ways such contracts can be ratified. It notes two ways of ratifying contracts that violate the Statute of Frauds: 1) failure to object to oral evidence being presented about the contract, and 2) accepting benefits from the contract. It also discusses the right of one party to compel the other party to execute a public document needed for registration when the contract is valid and enforceable under the Statute of Frauds. An example is provided where a party cannot compel the other to document an oral land sale, as it is unenforceable unless ratified. The document also summarizes a court case where applicants were allowed to present oral evidence of a land sale

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    The document discusses contracts that violate the Statute of Frauds and ways such contracts can be ratified. It notes two ways of ratifying contracts that violate the Statute of Frauds: 1) failure to object to oral evidence being presented about the contract, and 2) accepting benefits from the contract. It also discusses the right of one party to compel the other party to execute a public document needed for registration when the contract is valid and enforceable under the Statute of Frauds. An example is provided where a party cannot compel the other to document an oral land sale, as it is unenforceable unless ratified. The document also summarizes a court case where applicants were allowed to present oral evidence of a land sale

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    3K views2 pages

    ARTICLE 1405-1406 Word

    Uploaded by

    Sweet Zel Grace Porras
    The document discusses contracts that violate the Statute of Frauds and ways such contracts can be ratified. It notes two ways of ratifying contracts that violate the Statute of Frauds: 1) failure to object to oral evidence being presented about the contract, and 2) accepting benefits from the contract. It also discusses the right of one party to compel the other party to execute a public document needed for registration when the contract is valid and enforceable under the Statute of Frauds. An example is provided where a party cannot compel the other to document an oral land sale, as it is unenforceable unless ratified. The document also summarizes a court case where applicants were allowed to present oral evidence of a land sale

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    ARTICLE 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 acceptance of
    benefits under them.

    Two ways of ratification of contracts infringing the Statute of Frauds:


    1. failure to object to the presentation of oral evidence. (Domalagan v. Bolifer, 33 Phil. 471)
    2. acceptance of benefits under them. (Hernandez v. Andal, 78 Phil. 196)

    ARTICLE. 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.

    Right of One Party to Compel the Other to Execute the Needed Instrument
    The right of one party to have the other execute the public document needed for convenience in
    registration, is given only when the contract is both valid and enforceable.

    Example:
    • a party to an oral sale of real property cannot compel the other to put the contract in a public
    document for purposes of registration because it is unenforceable unless it is ratified
    • right of one party to have the other execute a public document is not available in a donation of
    realty when it is in a private instrument because the donation is void

    ALMIROL v. MONTSERRAT, 48 Phil. 67


    Where by virtue of a verbal sale, the applicant came into actual possession of the land, and where said
    applicants sought the registration of the subject lot already in their possession, and where the oppositors
    claimed that the oral proof of the contract cannot be adduced in court where the registration was being
    questioned,
    Supreme court held that, “as in this case, parol evidence of sale is adduced not for the purpose of enforcing
    performance thereof, but on the bassis of the lawful possession of the applicants entitling them to have the
    land thereby sold and registered in their name, the statute of fraud is not applicable.

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