Article 1400 to 1403

Article 1400 addresses situations where an object, subject to restitution in an annulled contract, is lost due to the possessor's fault. In such cases, the person at fault must return the fruits received and the value of the object at the time of its loss, along with interest.

Article 1401 focuses on the loss of an object through the fraud or fault of the plaintiff (e.g., an incapacitated person). If the loss is due to a fortuitous event, annulment can still prosper, and the incapacitated person is not obligated to make restitution. However, if the loss is due to their fraud or fault, the annulment may be extinguished. For a guilty party, a fortuitous event leads to indemnification for the object's value, while their fault leads to indemnification plus damages.

Article 1402 discusses the effects of a decree of annulment in reciprocal obligations. There is no delay for a party to return an object until the other party fulfills their obligation to restore.

The lecture transitions to unenforceable contracts under Article 1403. These contracts are valid but cannot be enforced in court unless ratified. Unlike rescissible or avoidable contracts which have specific actions (rescission, annulment), unenforceable contracts primarily serve as a defense.

Article 1403, Paragraph 1, covers unauthorized contracts. These include contracts entered into by someone without authority or who has exceeded their authority. Examples include agents acting without a valid contract of agency or exceeding the scope of their power (e.g., selling an absentee's property without judicial authorization).

Article 1403, Paragraph 2, details contracts that are unenforceable due to non-compliance with the Statute of Frauds. This enumeration is exclusive and requires certain contracts to be in writing. The Statute of Frauds aims to prevent fraudulent acts and perjury by requiring written evidence for specific transactions, serving as a matter of evidence rather than depriving parties of the right to contract.