is null and void. Placid Oil Co., V. Taylor, App. 3 Cir. 1977, 345 So. 2d 254, writ denied 347 So. 2d 261.2.) Fraud in Contract negatives concept of free consent
and court will free any victim of obligation
incurred by fraudulent means. Plan Investments of Shreveport, Inc., V. Heflin, App. 2 Cir. 1973, 286 So. 2d 511. Fraud, when eatablished, vitiates theContract ab initio, Yaeger Milling Co., V. Lawler, Sup. 1887, 39 La. Ann. 572,
So.398.
3.) Authentic Act constitutes full proof of the agreement,
contained in it against the contracting parties. Smith V. Remodeling Services, Inc., App. 5 Cir. 1994, 94- 589(La. App. 5 Cir. 12/14/94),
648 So. 2d995.
4.) Former Art. 2236 of the 1870 Civil Code(See, now, this article) assumed validity of agreement signed by parties as set forth in authentic act
and did not purport to provide that any agreement was valid in absence of essentials required for valid contract. Brunfield V. Paul, App. 4 Cir. 1962, 145 So.2d 46. "Important"
5.) Guarantor for Illegal Loan
"The Louisiana jurisprudence is uniformly in accord with this ruling. A long line of cases cite the Court's per curiam in Davis V. Holbrook, 1 Ann. 176, where it is tersely said: a party will not be heard who ask the Court to release him from the consequences of having violated the law"
6.) The general rule applying in such cases is stated in 13 CC. J. 424:
If an agreement binds the parties or either of them to do, or if the consideration is to do, something opposed to the public policy of
the Senate or nation, it is illegal and absolutely void however, solemnly made. "It appears that all Courts are agreed that where a statue is enacted to protect the public fraud or imposition or morals, a Contract in violation
thereof is ordinarily void".
7.) Absolute Nullity established in interest of individuals are
susceptible of ratification, either expressly or impliedly, and may be prescribed against, while such nullities
in derogation of public order and good morals are never susceptible of ratification and can nevr be prescribed against. Whitney National Bank of New Orleans V. Schwob, Sup. 1943, 203 La.
8.) Action to annul judgment, which is absolutely null because it is
based on null Contract, does not prescribe. Bass V Laporte, App. 1 Cir. 1996, 950867 (La. App. 1 Cir. 4/4/96), 672 So.2d 1121, rehearing denied.
9.) Relative Nullity Action
of Nullity brought representative claiming the Contract of representation was null was not prescribed, because if Contract were Absloutely Null, then it was
imprescriptible
and if relatively null, it was subject to five-year prescriptive period for action of annulment for judgment of fraud. Dunn V Land and Marine Properties, Inc., App. 3 Cir. 1992, 609 So. 2d 284, Writ denied 614 So. 2d 1252.
10.) Stock Purchaser's reconventional demand
seeking rescission of stock sale because of fraud and resulting damages was action to rescind conventional obligation, not delictual action, and was thus subject
to ten years prescriptive period under CC. Art. 2221 (pepealed; see, now, this article); purchaser's claim for damages was inextricable from his demand for recission. Dugas v Cason, App. 3 Cir. 1988, 524 So. 2d 1248. (Lucien's case
not delictual).