Practice question
A wholly executory contract falling within the Statute of Frauds is proved at trial by oral evidence. The party entitled to object knowingly allows that evidence without objection. After an adverse result, that party asserts the writing defense for the first time. What does Article 1405 provide?
- The defense is immune from waiver in every case.
- Only a public deed can ever cure the issue.
- Failure to object to the oral proof is a statutory mode of ratification for the Statute of Frauds defect.
- The court must treat the contract as criminal.
- Every witness automatically becomes a contracting party.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1317,1356–1358 and 1403–1408.
- https://lawphil.net/judjuris/juri2023/aug2023/gr_259469_2023.html — Aliguyon v Dummang, GR 259469, August 30 2023, main opinion: Statute of Frauds and partially executed contracts.
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