This type of activity led to a lawsuit against Apple (AAPL) in 2012, suggesting that the transactions were part of a questionable contract. Invalid contracts may occur if one of the parties involved is unable to fully understand the effects of the agreement. For example, a person with a mental disability or an intoxicated person may not be consistent enough to adequately grasp the parameters of the agreement, making it invalid. In addition, agreements concluded by minors may be considered null and void; However, some contracts involving minors who have obtained the consent of a parent or guardian may be enforceable. Invalid treaties cannot be ratified, but questionable treaties can be ratified in certain circumstances. Fissile treaties can be validated, but not formally ratified. In some cases, inapplicable treaties are also subject to ratification. A terminable contract is a contract that has been legally concluded by the contracting parties, but which has resulted in economic damage to one of the parties or an external party. The court may therefore terminate or cancel the contract for reasons of equity.3 min read Any contractual agreement concluded between two parties for unlawful acts is also considered a void contract. For example, a contract between an illicit drug supplier and a drug trafficker is unenforceable from the outset due to the illegal nature of the agreed activity.
A void contract is a formal agreement that is effectively illegitimate and unenforceable from the moment it is created. A void contract is different from a voidable contract because, although a void contract has never been legally valid from the beginning (and will not be enforceable at a later date), voidable contracts can be legally enforceable once the underlying contractual defects have been corrected. At the same time, invalid contracts and countervailable contracts may be cancelled for similar reasons. Alternatively, a contract is voidable if one or both parties were legally unable to enter into the contract, para. B example if one of the parts is minor. On the other hand, a void contract is inherently unenforceable. A contract may be considered void if the conditions oblige one or both parties to participate in an unlawful act, or if one of the parties is no longer able to fulfil the conditions laid down, for example .B. in the event of the death of a party. A countervailable contract is originally considered legal and enforceable, but may be rejected by either party if it is determined that the contract has defects. If a party authorized to refuse the contract decides not to refuse the contract despite the defect, the contract remains valid and enforceable. Most of the time, only one of the parties is affected by the acceptance of a questionable contract in which that party does not recognize the misrepresentation or fraud of the other party. For example, if it later turns out that one of the parties was unable to enter into a legally enforceable contract when the original was approved, that party may choose to ratify the contract if it is deemed legally capable.
Valid contracts can be legally revoked under certain conditions. The types of treaties that can be cancelled under Article 1381 include: A treaty considered countervailable may be corrected through the ratification process. Ratification of the contract requires all parties involved to agree to new terms that effectively resolve the initial point of contention of the original contract. According to Article 1410, void contracts cannot be repaired by prescription, but they can be challenged. Recoverable contracts can also be cured on prescription, while unenforceable contracts cannot. Under Article 1382, if a party is unable to pay the debts due, the injured party may terminate the contract. A withdrawal is only necessary to the extent that it is necessary to cover the damage. The offending party must return the items that were the subject of the contract with interest. Therefore, a reversal can only take place if the person can return what he must return. If the things that are the subject of the contract are in the legal possession of a third party who has not acted in bad faith, the cancellation will not take place. In this situation, the injured party may claim compensation for the damage from the person or persons who caused the damage.
Although a void contract is often considered unenforceable, a contract may be considered voidable if the agreement is questionable, but the circumstances of the agreement are questionable in nature. These include agreements entered into where a party has concealed information or intentionally provided inaccurate information. .