Question: 30. Contracts; voidable contracts (1990 BAR) X was the owner of a 10,000 square meter property. X married Y and out of their union. A,

30. Contracts; voidable contracts (1990 BAR) X was the owner of a 10,000 square meter property. X married Y and out of their union. A, B and C were born. After the death of Y, X married Z and they begot as children, D, E and F. After the death of X, the children of the first and second marriages executed an extrajudicial partition of the aforestated property on May 1, 1970. D, E and F were given a one thousand square meter portion of the property. They were minors at the time of the execution of the document. D was 17 years old, E was 14and F was 12; and they were made to believe by A, B and C that unless they sign the document they will not get any share. Z was not present then. In January 1974, D,E and F filed an action in court to nullify the suit alleging they discovered the fraud only in 1973.

(a) Can the minority of D, E and F be a basis to nullify the partition? Explain your answer. 19 (b) How about fraud? Explain your answer.

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