Professional Documents
Culture Documents
*applicable even if Defense may be set up only by those whose interest is directly
parties are not equally guilty affected.
public policy would be advanced by allowing the suit for relief Not the rule on annullable and unenforceable contracts
Art. 1415
. Where one of the parties to an illegal contract is incapable of giving
consent, the courts may. If the interest of justice so demands, allow
recovery or property delivered by the incapacitated person.
Art. 1416. When agreement is not illegal per se but is merely prohibited
and prohibition by the law is designed for the protection of the plaintiff,
he may, if public policy is thereby enhance, recover what he has paid or
delivered
Articles:
Illegal per se
o Forbidden due to public interest
Merely prohibited contracts
o Not illegal per se
o Prohibition is designated for protection of the
plaintiff
o Public policy would be enhanced by allowing the
recovery
Art. 1418. When the law fixes, or authorizes the fixing of the maximum
number of house of labor, a contract is entered into whereby a laborer
undertakes to work longer than the maximum thus fixed, he may demand
additional compensation for service rendered beyond the time limit.
Art. 1419. When the law sets, or authorizes the setting of a minimum
wage for laborers, and a contract is agreed upon by which a laborer
accepts a lower wage, he shall be entitled to recover the deficiency
Duty of employer:
a. To make payment on account not less often than once every
two weeks or twice a month at intervals not exceeding 16
days; and
b. To make a final settlement within two weeks after the
completion of the task