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1.

Lucid interval refers to a brief period during which an insane person regains
sanity that is sufficient to regain the legal capacity to contract and to act on
his/her own behalf. In this regard, any contracts entered into by him during his
lucid interval shall be rendered valid on his part.

2. Under Article 1330 of the Civil Code of the Philippines, the following are the vices
of consent:
a. mistake (or error);
b. fraud (or deceit);
c. violence;
d. intimidation;
e. undue influence.

3. The quantum of evidence required in proving the presence of a vitiated consent


is that there must be clear and convincing evidence. Mere preponderance of
evidence on this matter is not sufficient.

4. The requisites to determine the validity of an object in a contract are the


following:
a. the thing or service must be within the commerce of man;
b. must be transmissible;
c. must not be contrary to law, morals, good customs, public order, or public
policy;
d. must not be impossible (Art. 1348, Civil Code);
e. must be determinate as to its kind or determinable without
f. the need of a new contract or agreement. (Art. 1349, Civil Code).

5. Motive and cause are not the same in entering a contract. Their distinctions are
the following:
a. The motive of a person may vary although he enters into the same kind of
contract; the cause is always the same.
b. The motive may be unknown to the other; the cause is always known.
c. The presence of motive cannot cure the absence of cause.
6. The different kinds of defective contracts are:
a. Rescissible Contracts;
b. Voidable Contracts;
c. Unenforceable Contracts; and
d. Void or inexistent contracts.

The rescissible contract is valid until rescinded; there is a sort of extrinsic defect
consisting of an economic damage or lesion. An example is a contract which is
undertaken in fraud of creditors when the latter cannot in any other manner
collect the claims due them.
A voidable contract is one in which the consent of one party is defective.
It can be annulled. It cannot be annulled, however, if there has been a
ratification. An example is a contract where one of the parties is incapable of
giving consent to a contract.

An unenforceable contract is one that cannot be given effect unless


properly ratified. An example is where both parties are incapable of giving
consent to a contract.

The void contract is one that has no effect at all; it cannot be ratified or
validated. An example is a contract whose object is outside the commerce of
men.

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