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.