Art. 1332

Art. 1332. When one of the parties is unable to read, or if the contract is in a language not understood by him, and mistake or fraud is alleged, the person enforcing the contract must show that the terms thereof have been fully explained to the former. (n)

Rationale behind the article. The code commission found it necessary to incorporate the article into the code because of its belief there is still a fairly large number of illiterates in the country, and documents are ordinarily drawn in English or Spanish.

In the law of evidence, it is presumed that “a person intends the ordinary consequences of his voluntary act; or a person makes ordinary care of his concerns”.

No contract shall arise unless its acceptance is communicated to the offeror.

The presumption does not apply in the following cases:

a.    

When one of the contracting parties is unable to read;

b.    

When the contract is written in a language not understood by the said party.

If the contracting party is an illiterate or even if literate, but he could not understand the language used in the contract which he signed, and later, he alleged fraud and mistake in the execution thereof, there is a presumption created that there was fraud or mistake when he signed or gave his conformity to the contract.

The burden of proof is shifted now to the party who is enforcing the agreement. He must prove that the document was fully explained to the party alleging fraud or mistake. Failure to rebut the presumption will sustain the charge of fraud or mistake.