APPLICABILITY OF THE CIVIL CODE
REQUISITES FOR A VALID CONTRACT
Art. 1318, CC
There is no contract unless the following requisites
concur:
(1) Consent of the contracting parties;
(2) Object certain which is the subject matter of the
contract;
(3) Cause of the obligation which is established.
Art. 1319, CC
Consent is manifested by
the meeting of the offer
and
the acceptance upon the thing
and
the cause which are to constitute the contract.
The offer must be certain and the acceptance
absolute. A qualified acceptance constitutes a
counter-offer.
Acceptance made by letter or telegram does not
bind the offerer except from the time it came to his
knowledge. The contract, in such a case, is presumed to
have been entered into in the place where the offer was
made.
What may be the object of a contract
Art. 1347, CC
All things which are not outside the commerce of
men, including future things, may be the object of a
contract.
All rights which are not intransmissible may also be
the object of contracts.
No contract may be entered into upon future
inheritance except in cases expressly authorized by
law.
All services which are not contrary to law, morals,
good customs, public order or public policy may
likewise be the object of a contract.
Art. 1353, CC
The statement of a false cause in contracts shall
render them void, if it should not be proved that they
were founded upon another cause which is true and
lawful.
CIVIL CODE PROVISIONS ON INSURANCE
Art. 2011, CC
The contract of insurance is governed by special
laws. Matters not expressly provided for in such special
laws shall be regulated by this Code.
Who cannot be named beneficiary of life insurance
Art. 2012, CC
Any person who is forbidden from receiving any
donation under Article 739 cannot be named
beneficiary of a life insurance policy by the person who
cannot make any donation to him, according to said
article.
Who are forbidden from receiveing donations?
Art. 739, CC
The following donations shall be void:
(1) Those made between persons who were guilty of
adultery or concubinage at the time of the donation;
(2) Those made between persons found guilty of the
same criminal offense, in consideration thereof;
(3) Those made to a public officer or his wife,
descedants and ascendants, by reason of his office.
In the case referred to in No. 1, the action for
declaration of nullity may be brought by the spouse of
the donor or donee; and the guilt of the donor and
donee may be proved by preponderance of evidence in
the same action.
CONSTRUCTION OF INSURANCE CONTRACTS
CONTRACT OF ADHESION
Art. 1377, CC
The interpretation of obscure words or stipulations
in a contract shall not favor the party who caused the
obscurity.
WHERE THE TERM OF THE CONTRACT IS
CLEAR
ART. 1370, CC
If the terms of a contract are clear and leave no doubt
upon the intention of the contracting parties, the
literal meaning of its stipulations shall control.
If the words appear to be contrary to the evident
intention of the parties, the latter shall prevail over
the former.