Article 1395. Ratification does not require the conformity of the contracting party who has no right to bring the action for annulment.
By: Kristia Capio
Ang pagpapatibay ay hindi kaylangang humingi ng pagsangayon ng nagkasundong partido na walang karapatan na magdala ng aksyon sa pag sasawalang bisa.
Ratification is a unilateral act by which a party waives the defect in his consent. The consent of the guilty party is not required; otherwise, he can conveniently disregard his contract by the simple expedient of refusing to give his conformity.
The innocent party has the prerogative to annul or not to annul a voidable contract.
“He who comes to the court, must come with clean hands”
Further, there is also no need for the innocent party to require the guilty party’s conformity before he ratifies the defective contract.
ILLUSTRATION
Enrico is the owner of the famous hardware in Laguna. He rented the warehouse of Danna to become one of his bodega. Cesar buy the materials that he needed for the construction of his own house to Enrico, since the other materials is on the warehouse of Danna and Enrico already rented it therefore the consent of Danna is not needed for the delivery of the materials that Cesar needed.
OBLIGATIONS AND CONTRACTS 