Essay Flashcards

Dante, a landowner, orally agrees to sell a 1,000 sq m parcel to Kai for PHP 2,800,000. The land is titled in Dante’s name. No public instrument is executed to transfer the property; no notarization is made. Kai pays PHP 150,000 as down payment and occupies the land, putting up a small shed and fencing. After Dante dies, Kai seeks relief, contending the agreement should be enforceable.
(a) Identify the doctrine that governs this situation and classify the contract as unenforceable, void, or voidable, with a brief justification.
(b) Can Kai seek specific enforcement or other remedies in light of its status as unenforceable, and how does this differ from void or voidable contracts?
(c) If the parties thereafter execute a public instrument and register the deed, would the contract become enforceable? Outline the steps needed to cure the defect.