RESCISSIBLE

As to defect

VOIDABLE

UNENFORCEABLE
Caused by lack of form, authority or capacity of both parties not cured by prescription

VOID
Caused by lack of essential elements or illegality

Caused Defect is caused by by injury/damage either vices of consent to one of the parties or a 3rd person

As to effect

Valid and enforceable until rescinded by a competent court

Valid and enforceable until they're annulled by a competent court

Cant be enforced by a proper action in court

No legal effect, as a general rule

As to prescription to declare nullity

Action for prescription can prescribe

Action for annulment or defense of annulability can prescribe

Corresponding action for recovery if there was total or partial performance of the unenforceable contract under no. 1 or 3 Art. 1403 of the Civil Code may prescribe Cant be cured by prescription Can be ratified

No prescription for a declaration of nullity, inexistence or defense of nullity Cant be cured by prescription Cant be ratified

As to curative effect of prescription As to ratification

Can be cured by prescription Dont need to be ratified Not just the contracting parties, but also a 3rd person who is prejudiced or damaged by the contract Direct attack only

Can be cured by prescription Can be ratified

As to who can assail/question/attack

Only a contracting party

Only a contracting party

Not just the contracting parties, but also a 3rd person whose interest is directly affected Can be attacked both directly and collaterally

As to direct or collateral attack

Can be attacked both directly and collaterally

Can be attacked both directly and collaterally