MIDTERMS REVIEWER- INSURANCE LAW (ATTY. STA.
BARBARA)
Provisions to be noted: (CIVIL CODE)
 Art. 2207
If the plaintiff's property has been insured, and he has
received indemnity from the insurance company for the
injury or loss arising out of the wrong or breach of
contract complained of, the insurance company shall
be subrogated to the rights of the insured against the
wrongdoer or the person who has violated the contract.
If the amount paid by the insurance company does not
fully cover the injury or loss, the aggrieved party shall
be entitled to recover the deficiency from the person
causing the loss or injury.
 Art. 739
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.
 Art. 2010
By an aleatory contract, one of the parties or both
reciprocally bind themselves to give or to do something
in consideration of what the other shall give or do upon
the happening of an event which is uncertain, or which
is to occur at an indeterminate time.
 Art. 2011
The contract of insurance is governed by special laws.
Matters not expressly provided for in such special laws
shall be regulated by this Code.
 Art. 2012
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.
 Art. 1319
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.
Maureen Antallan
 Art. 2127
The mortgage extends to the natural accessions, to the
improvements, growing fruits, and the rents or income
not yet received when the obligation becomes due, and
to the amount of the indemnity granted or owing to the
proprietor from the insurers of the property mortgaged,
or in virtue of expropriation for public use, with the
declarations, amplifications and limitations established
by law, whether the estate remains in the possession
of the mortgagor, or it passes into the hands of a third
person.
 Art. 1634
When a credit or other incorporeal right in litigation is
sold, the debtor shall have a right to extinguish it by
reimbursing the assignee for the price the latter paid
therefor, the judicial costs incurred by him, and the
interest on the price from the day on which the same
was paid.
A credit or other incorporeal right shall be considered
in litigation from the time the complaint concerning the
same is answered.
 Art. 1236
The creditor is not bound to accept payment or
performance by a third person who has no interest in
the fulfillment of the obligation, unless there is a
stipulation to the contrary.
Whoever pays for another may demand from the
debtor what he has paid, except that if he paid without
the knowledge or against the will of the debtor, he can
recover only insofar as the payment has been
beneficial to the debtor.
 Art. 40.
Birth determines personality; but the conceived child
shall be considered born for all purposes that are
favorable to it, provided it be born later with the
conditions specified in the following article.
 Art. 41
For civil purposes, the fetus is considered born if it is
alive at the time it is completely delivered from the
mother's womb. However, if the fetus had an intra-
uterine life of less than seven months, it is not deemed
born if it dies within twenty-four hours after its complete
delivery from the maternal womb.
 Art. 1156.
An obligation is a juridical necessity to give, to do or not
to do.
 Art. 1157
Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts.
 MIDTERMS REVIEWER- INSURANCE LAW (ATTY. STA. BARBARA)
Maureen Antallan

 Art. 64 of the Family Code provides that after the

finality of decree of legal separation, the innocent
spouse may revoke the designation of the beneficiary
(spouse in BF) even if such designation is stipulated to
be irrevocable.

 Art. 1420
In case of a divisible contract, if the illegal terms can be
separated from the legal ones, the latter may be
enforced.

 Art.777
The rights to the succession are transmitted from the
moment of the death of the decedent.

Compiled Quizzes:

1. What is a marriage benefit insurance?

2. What is adverse selection?
3. What is fidelity insurance?
4. Can the innocent spouse revoke the designation of the
guilty spouse as beneficiary in the former’s life
insurance policy even if no final decree of legal
separation?
5. Can a registered sole proprietorship be authorized to
engage in the insurance business?
6. What is a controlled insurer?
7. What is anticipatory insurance? How does it relate to
insurable interest under Philippine laws?