Article 1392
Ratification
extinguishes the action to annul a voidable contract.
Ang pagpapatibay ay
mawawala ang aksyon upang mapawalang bisa ang isang kontrata.
1. Confirmation – to cure a defect in a voidable
contract.
2. Ratification- to cure the defect of lack of
authority in an authorized contract (entered into by another).
3. Acknowledgment- to remedy a deficiency of proof
(thus, an oral loan may be put in writing, or when a private instrument is made
a public instrument).
Requisites of Ratification to be effective:
1. There must be a voidable or
annulable contract.
2. Ratification is made with the
knowledge of the cause of nullity.
3. At the time of ratification, the
cause of nullity has already ceased.
4. The ratifying party is the injured
party, or the prejudiced party.
5. The ratification is accomplished
expressly or impliedly by a waiver of action to annul.
The right to ratify is transferable to
the heirs of the party who has the right to ratify.
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