Which statement is not a characteristic of void contracts?

Which statement is not a characteristic of void contracts?

• A. The inexistence can be assailed by third person
• B. Defense of illegality cannot be waived
• C. Cannot be ratified
• D. Action for declaration of inexistence does not prescribe

Answer: (A)

Void contracts are null from the very start; they have no legal existence and produce no rights or obligations. Because there’s no valid agreement to begin with, such contracts cannot be ratified or enforced, and illegality or incapacity cannot be cured by any later waiver. Also, an action to declare inexistence does not have a running prescription, so the issue can be raised as long as needed. The statement about third persons being able to assail the inexistence is not a characteristic of void contracts. Since a void contract is considered to have no legal effect at all, the right to challenge or declare its inexistence is tied to the parties or those with a direct interest affected by the contract, rather than to any arbitrary third party. The other three points reflect established features: illegality cannot be waived, the contract cannot be ratified, and the action to declare inexistence does not prescribe.

Void contracts are null from the very start; they have no legal existence and produce no rights or obligations. Because there’s no valid agreement to begin with, such contracts cannot be ratified or enforced, and illegality or incapacity cannot be cured by any later waiver. Also, an action to declare inexistence does not have a running prescription, so the issue can be raised as long as needed.

The statement about third persons being able to assail the inexistence is not a characteristic of void contracts. Since a void contract is considered to have no legal effect at all, the right to challenge or declare its inexistence is tied to the parties or those with a direct interest affected by the contract, rather than to any arbitrary third party. The other three points reflect established features: illegality cannot be waived, the contract cannot be ratified, and the action to declare inexistence does not prescribe.