aleatory contract in insurance

(1165). (124), Article 275. (2) For any unpaid contribution which he agreed in the certificate to make in the future at the time and on the conditions stated in the certificate. (162), Article 326. The period for the action arising from the result of the accounting runs from the date when said result was recognized by agreement of the interested parties. Article 250. (1750a), Article 1948. If the agent acted in bad faith, he alone shall be responsible. Every person of age, who is in full possession of his civil rights, may adopt. They both have to understand the terms of the contract the same way. Payments made in a state of insolvency for obligations to whose fulfillment the debtor could not be compelled at the time they were effected, are also rescissible. If you need legal help to review a contract, on UpCounsel's marketplace you can get custom quotes from experienced contract review attorneys within hours. (3) A partner who has caused the dissolution wrongfully shall have: (a) If the business is not continued under the provisions of the second paragraph, No. (1094a), Article 1164. (n), Article 836. Which authority grants the producer the right to collect premiums? (n), Article 2098. (1893). Where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts or retains the goods so delivered, knowing that the seller is not going to perform the contract in full, he must pay for them at the contract rate. (1409). Liquidation of the absolute community shall be governed by the Rules of Court on the administration of the estate of deceased persons. The usufructuary shall have the right to enjoy any increase which the thing in usufruct may acquire through accession, the servitudes established in its favor, and, in general, all the benefits inherent therein. He who paid unduly may proceed only against the true debtor or the guarantors with regard to whom the action is still effective. Article 81. Neither can he impose upon the same any burden, encumbrance, condition, or substitution of any kind whatsoever. The expenses incurred in improvements for pure luxury or mere pleasure shall not be refunded to the possessor in bad faith, but he may remove the objects for which such expenses have been incurred, provided that the thing suffers no injury thereby, and that the lawful possessor does not prefer to retain them by paying the value they may have at the time he enters into possession. The enumeration of the following cases of implied trust does not exclude others established by the general law of trust, but the limitation laid down in article 1442 shall be applicable. The husband or the wife may ask for the separation of property, and it shall be decreed when the spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction, or has been declared absent, or when legal separation has been granted. The creditors of the vendor cannot make use of the right of redemption against the vendee, until after they have exhausted the property of the vendor. (n), Article 1980. (b) Had not extended credit to the partnership prior to dissolution, and, having no knowledge or notice of his want of authority, the fact of his want of authority has not been advertised in the manner provided for advertising the fact of dissolution in the first paragraph, No. Alienations by onerous title are also presumed fraudulent when made by persons against whom some judgment has been rendered in any instance or some writ of attachment has been issued. (n), Article 1716. Workers' compensation is another insurance that requires a triggering event to happen before it is effective. (n), Article 1300. Article 1183. The same rule applies to any amount he may have taken from the partnership coffers, and his liability shall begin from the time he converted the amount to his own use. The property rights of a partner are: (1) His rights in specific partnership property; (3) His right to participate in the management (n). Even in these cases he shall only be liable for the price received and for the expenses specified in No. (1665a), Article 1768. A special power to sell excludes the power to mortgage; and a special power to mortgage does not include the power to sell. Article 361. If the loser refuses or neglects to bring an action to recover what has been lost, his or her creditors, spouse, descendants or other persons entitled to be supported by the loser may institute the action. With regard to judicial costs, the Rules of Court shall govern. (20), Article 73. (1327), Article 127. The debtor may cede or assign his property to his creditors in payment of his debts. (806). If in order to nullify this waiver it should be claimed to be inofficious, the debtor and his heirs may uphold it by proving that the delivery of the document was made in virtue of payment of the debt. Whoever in bad faith accepts an undue payment, shall pay legal interest if a sum of money is involved, or shall be liable for fruits received or which should have been received if the thing produces fruits. The usufructuary shall be obliged to notify the owner of any act of a third person, of which he may have knowledge, that may be prejudicial to the rights of ownership, and he shall be liable should he not do so, for damages, as if they had been caused through his own fault. (n), Article 261. Reformation may be ordered at the instance of either party or his successors in interest, if the mistake was mutual; otherwise, upon petition of the injured party, or his heirs and assigns. Art. However, the claims mentioned in article 232 shall not be adversely affected by the death of the person who has established the family home. An adhesion contract is one that is drafted by a party with a great deal more bargaining power than the other party, meaning that the weaker party may only accept the contract or not. Public official establishments can neither accept nor repudiate an inheritance without the approval of the government. The commission agent shall be responsible for the goods received by him in the terms and conditions and as described in the consignment, unless upon receiving them he should make a written statement of the damage and deterioration suffered by the same. (n), SECTION 4Conditional Testamentary Dispositions and Testamentary Dispositions With a Term, Article 871. The consignation shall be ineffectual if it is not made strictly in consonance with the provisions which regulate payment. Neither does this prohibition apply to moderate gifts which the spouses may give each other on the occasion of any family rejoicing. If heirs instituted in unequal shares should be reciprocally substituted, the substitute shall acquire the share of the heir who dies, renounces, or is incapacitated, unless it clearly appears that the intention of the testator was otherwise. Article 339. Article 502. Potential unequal exchange of value for both parties With reference to specific movable property of the debtor, the following claims or liens shall be preferred: (1) Duties, taxes and fees due thereon to the State or any subdivision thereof; (2) Claims arising from misappropriation, breach of trust, or malfeasance by public officials committed in the performance of their duties, on the movables, money or securities obtained by them; (3) Claims for the unpaid price of movables sold, on said movables, so long as they are in the possession of the debtor, up to the value of the same; and if the movable has been resold by the debtor and the price is still unpaid, the lien may be enforced on the price; this right is not lost by the immobilization of the thing by destination, provided it has not lost its form, substance and identity; neither is the right lost by the sale of the thing together with other property for a lump sum, when the price thereof can be determined proportionally; (4) Credits guaranteed with a pledge so long as the things pledged are in the hands of the creditor, or those guaranteed by a chattel mortgage, upon the things pledged or mortgaged, up to the value thereof; (5) Credits for the making, repair, safekeeping or preservation of personal property, on the movable thus made, repaired, kept or possessed; (6) Claims for laborers' wages, on the goods manufactured or the work done; (7) For expenses of salvage, upon the goods salvaged; (8) Credits between the landlord and the tenant, arising from the contract of tenancy on shares, on the share of each in the fruits or harvest; (9) Credits for transportation, upon the goods carried, for the price of the contract and incidental expenses, until their delivery and for thirty days thereafter; (10) Credits for lodging and supplies usually furnished to travellers by hotel keepers, on the movables belonging to the guest as long as such movables are in the hotel, but not for money loaned to the guests; (11) Credits for seeds and expenses for cultivation and harvest advanced to the debtor, upon the fruits harvested; (12) Credits for rent for one year, upon the personal property of the lessee existing on the immovable leased and on the fruits of the same, but not on money or instruments of credit; (13) Claims in favor of the depositor if the depositary has wrongfully sold the thing deposited, upon the price of the sale. A limited partner whose surname appears in a partnership name contrary to the provisions of the first paragraph is liable as a general partner to partnership creditors who extend credit to the partnership without actual knowledge that he is not a general partner. (1385a), Article 139. When there are two or more bailees to whom a thing is loaned in the same contract, they are liable solidarily. There is intimidation when one of the contracting parties is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon his person or property, or upon the person or property of his spouse, descendants or ascendants, to give his consent. (574). If burned, torn, cancelled, or obliterated by some other person, without the express direction of the testator, the will may still be established, and the estate distributed in accordance therewith, if its contents, and due execution, and the fact of its unauthorized destruction, cancellation, or obliteration are established according to the Rules of Court. The provisions of this and of the preceding article shall be observed even should there be among the co-heirs a minor or a person subject to guardianship; but the mandatary, in such case, shall make an inventory of the property of the estate, after notifying the co-heirs, the creditors, and the legatees or devisees. Article 245. Article 2055. (494). Unless there is a stipulation to the contrary, the pledge shall extend to the interest and earnings of the right pledged. (n). (656), Article 774. (n). (1146a), Article 1220. Which of these do NOT indicate the presence of insurable interest in a life insurance contract? Article 597. contract implied in fact, implied in fact contract, called also Accretion is a right by virtue of which, when two or more persons are called to the same inheritance, devise or legacy, the part assigned to the one who renounces or cannot receive his share, or who died before the testator, is added or incorporated to that of his co-heirs, co-devisees, or co-legatees. Article 230. If the person excluded from the inheritance by reason of incapacity should be a child or descendant of the decedent and should have children or descendants, the latter shall acquire his right to the legitime. Where a resale is made, as authorized in this article, the buyer acquires a good title as against the original buyer. Any reversion stipulated by the donor in favor of a third person in violation of what is provided in the preceding paragraph shall be void, but shall not nullify the donation. The fruits of the paraphernal property form part of the assets of the conjugal partnership, and shall be subject to the payment of the expenses of the marriage. (4a), Article 6. The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity. (1325a), Article 125. (1529). The following shall be sufficient causes for the disinheritance of parents or ascendants, whether legitimate or illegitimate: (1) When the parents have abandoned their children or induced their daughters to live a corrupt or immoral life, or attempted against their virtue; (2) When the parent or ascendant has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants; (3) When the parent or ascendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found to be false; (4) When the parent or ascendant has been convicted of adultery or concubinage with the spouse of the testator; (5) When the parent or ascendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made; (6) The loss of parental authority for causes specified in this Code; (7) The refusal to support the children or descendants without justifiable cause; (8) An attempt by one of the parents against the life of the other, unless there has been a reconciliation between them. (4a), Article 57. If the widow or widower survives with legitimate children or descendants, and with illegitimate children other than acknowledged natural, or natural children by legal fiction, the share of the surviving spouse shall be the same as that provided in the preceding article. called also [31] St. Thomas Aquinas wrote that gambling should be especially forbidden where the losing bettor is underage or otherwise not able to consent to the transaction. (1505), CHAPTER 6Actions for Breach of Contract of Sale of Goods, Article 1594. 6. If the creditor voluntarily accepts immovable or other property in payment of the debt, even if he should afterwards lose the same through eviction, the guarantor is released. Please do consult with insurance professionals for more understanding and clarity on subject matter. (2) Where by the terms of the document the carrier, warehouseman or other bailee issuing the same undertakes to deliver the goods to the order of a specified person, and such person or a subsequent indorsee of the document has indorsed it in blank or to the bearer. The debtor cannot reacquire the enjoyment of the immovable without first having totally paid what he owes the creditor. If only the widow or widower survives with parents of the illegitimate child, the legitime of the parents is one-fourth of the hereditary estate of the child, and that of the surviving spouse also one-fourth of the estate. Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes. In order that representation may take place, it is necessary that the representative himself be capable of succeeding the decedent. If, in the case of the preceding article, there is a greater area or number in the immovable than that stated in the contract, the vendee may accept the area included in the contract and reject the rest. This provision shall not apply when the thing is judicially attached while in the depositary's possession, or should he have been notified of the opposition of a third person to the return or the removal of the thing deposited. (937), Article 988. As for any obligation wherein the agent has exceeded his power, the principal is not bound except when he ratifies it expressly or tacitly. Any compulsory heir who is at the same time a legatee or devisee may waive the inheritance and accept the legacy or devise, or renounce the latter and accept the former, or waive or accept both. Article 1317. (n), Article 1598. 2, all the rights of a partner under the first paragraph, subject to liability for damages in the second paragraph, No. If the debt produces interest, payment of the principal shall not be deemed to have been made until the interests have been covered. Property acquired after the making of a will shall only pass thereby, as if the testator had possessed it at the time of making the will, should it expressly appear by the will that such was his intention. (1507) ARTICLE 1602. [48], They ask you about intoxicants and gambling. Article 2270. Possession may be exercised in one's own name or in that of another. A partnership may be constituted in any form, except where immovable property or real rights are contributed thereto, in which case a public instrument shall be necessary. When the debt of a thing certain and determinate proceeds from a criminal offense, the debtor shall not be exempted from the payment of its price, whatever may be the cause for the loss, unless the thing having been offered by him to the person who should receive it, the latter refused without justification to accept it. Interruption in the possession of the whole or a part of a thing possessed in common shall be to the prejudice of all the possessors. 3. The Policyholder is expected to disclose about the status of his health, family history, income, occupation or about the subject matter insured truthfully without concealing any material fact to enable the underwriter to assess the risk properly. Article 2171. In case of temporary use by the bailor, the contract of commodatum is suspended while the thing is in the possession of the bailor. Every compulsory heir, who succeeds with other compulsory heirs, must bring into the mass of the estate any property or right which he may have received from the decedent, during the lifetime of the latter, by way of donation, or any other gratuitous title, in order that it may be computed in the determination of the legitime of each heir, and in the account of the partition. (800a). In the absence of an express declaration in the marriage settlements, the separation of property between spouses during the marriage shall not take place save in virtue of a judicial order. A series of degrees forms a line, which may be either direct or collateral. (2) Be signed and sworn to by all members, and an amendment substituting a limited partner or adding a limited or general partner shall be signed also by the member to be substituted or added, and when a limited partner is to be substituted, the amendment shall also be signed by the assigning limited partner. (c) Where the contract involves or implies, injury to the person or property of another; or (d) Where the Court regards it as immoral or opposed to public policy. The family home, after its creation by virtue of judicial approval, shall be exempt from execution, forced sale, or attachment, except: (2) In satisfaction of a judgment on a debt secured by a mortgage constituted on the immovable before or after the establishment of the family home. Mistake upon a doubtful or difficult question of law may be the basis of good faith. (n). (767a). The ownership, administration, possession and enjoyment of the common property belong to both spouses jointly. That share of the hidden treasure which the law awards to the finder or the proprietor belongs to the conjugal partnership. (1) There is a change in the name of the partnership or in the amount or character of the contribution of any limited partner; (2) A person is substituted as a limited partner; (3) An additional limited partner is admitted; (4) A person is admitted as a general partner; (5) A general partner retires, dies, becomes insolvent or insane, or is sentenced to civil interdiction and the business is continued under article 1860; (6) There is a change in the character of the business of the partnership; (7) There is a false or erroneous statement in the certificate; (8) There is a change in the time as stated in the certificate for the dissolution of the partnership or for the return of a contribution; (9) A time is fixed for the dissolution of the partnership, or the return of a contribution, no time having been specified in the certificate, or. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. The father, or in his absence the mother, is the legal administrator of the property pertaining to the child under parental authority. Typically, a breach of warranty provides sufficient grounds for the contract to be voided. No decree of legal separation shall be promulgated upon a stipulation of facts or by confession of judgment. (n), Article 90. Article 1769. If the vendee should leave several heirs, the action for redemption cannot be brought against each of them except for his own share, whether the thing be undivided, or it has been partitioned among them. Against this presumption no evidence shall be admitted other than that of the physical impossibility of the husband's having access to his wife within the first one hundred and twenty days of the three hundred which preceded the birth of the child. (1105a), Article 1175. The various stipulations of a contract shall be interpreted together, attributing to the doubtful ones that sense which may result from all of them taken jointly. In the absence of marriage settlements, or when the same are void, the system of relative community or conjugal partnership of gains as established in this Code, shall govern the property relations between husband and wife. (792a). (n). Responsible for acts by the producer that are authority only, The unwritten authority given to a producer to carry out necessary incidental acts of the agency agreement is called. A sub-guarantor, in case of the insolvency of the guarantor for whom he bound himself, is responsible to the co-guarantors in the same terms as the guarantor. (1081a). If the debt was for a period and the guarantor paid it before it became due, he cannot demand reimbursement of the debtor until the expiration of the period unless the payment has been ratified by the debtor. On the other hand, the insurer could ultimately receive significantly more money than the insured party if a claim is never filed. When legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation. 1, and 2242, No. Contract of insurance. If the seller omit so to do, and the goods are lost or damaged in course of transit, the buyer may decline to treat the delivery to the carrier as a delivery to himself, or may hold the seller responsible in damages. If one, at the request of another, becomes a guarantor for the debt of a third person who is not present, the guarantor who satisfies the debt may sue either the person so requesting or the debtor for reimbursement. (n) ARTICLE 548. The provisions of this article are subject to any usage of trade, special agreement, or course of dealing between the parties. The lessee is liable for any deterioration caused by members of his household and by guests and visitors. There is undue influence when a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice. The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith. Article 2267. Real contracts, such as deposit, pledge and commodatum, are not perfected until the delivery of the object of the obligation. In an action for legal separation or annulment of marriage, attorney's fees and expenses for litigation shall be charged to the conjugal partnership property, unless the action fails. Any person having the free disposal of his property may accept or repudiate an inheritance. (n), Article 731. (n). The following actions must be filed within one year: Article 1148. Actual possession under claim of ownership raises disputable presumption of ownership. In case of death of the house helper, the head of the family shall bear the funeral expenses if the house helper has no relatives in the place where the head of the family lives, with sufficient means therefor. The depositary holding certificates, bonds, securities or instruments which earn interest shall be bound to collect the latter when it becomes due, and to take such steps as may be necessary in order that the securities may preserve their value and the rights corresponding to them according to law. (17a), Article 70. Article 444. The expenses of consignation, when properly made, shall be charged against the creditor. A person admitted as a partner into an existing partnership is liable for all the obligations of the partnership arising before his admission as though he had been a partner when such obligations were incurred, except that this liability shall be satisfied only out of partnership property, unless there is a stipulation to the contrary. (n), Article 1791. In the collateral line, ascent is made to the common ancestor and then descent is made to the person with whom the computation is to be made. Family relations shall include those: (3) Among other ascendants and their descendants; Article 218. Article 242. The head of the family shall furnish, free of charge, to the house helper, suitable and sanitary quarters as well as adequate food and medical attendance. This physical impossibility may be caused: (2) By the fact that the husband and wife were living separately, in such a way that access was not possible; (3) By the serious illness of the husband. The unauthorized or unlawful use of another person's surname gives a right of action to the latter. Article 1508. The right of choice belongs to the debtor, unless it has been expressly granted to the creditor. Every co-heir has a right to demand the division of the estate unless the testator should have expressly forbidden its partition, in which case the period of indivision shall not exceed twenty years as provided in article 494. Islands which may be formed on the seas within the jurisdiction of the Philippines, on lakes, and on navigable or floatable rivers belong to the State. Movable or immovable property which each of the partners may possess at the time of the celebration of the contract shall continue to pertain exclusively to each, only the usufruct passing to the partnership. Potential unequal exchange of value for both parties (n). Article 2174. Article 67. When a contributor has rightfully received the return in whole or in part of the capital of his contribution, he is nevertheless liable to the partnership for any sum, not in excess of such return with interest, necessary to discharge its liabilities to all creditors who extended credit or whose claims arose before such return. River beds which are abandoned through the natural change in the course of the waters ipso facto belong to the owners whose lands are occupied by the new course in proportion to the area lost. (n), SECTION 3Obligations of the Partners with Regard to Third Persons. (1464), Article 1502. Any of the following or similar stipulations shall be considered unreasonable, unjust and contrary to public policy: (1) That the goods are transported at the risk of the owner or shipper; (2) That the common carrier will not be liable for any loss, destruction, or deterioration of the goods; (3) That the common carrier need not observe any diligence in the custody of the goods; (4) That the common carrier shall exercise a degree of diligence less than that of a good father of a family, or of a man of ordinary prudence in the vigilance over the movables transported; (5) That the common carrier shall not be responsible for the acts or omission of his or its employees; (6) That the common carrier's liability for acts committed by thieves, or of robbers who do not act with grave or irresistible threat, violence or force, is dispensed with or diminished; (7) That the common carrier is not responsible for the loss, destruction, or deterioration of goods on account of the defective condition of the car, vehicle, ship, airplane or other equipment used in the contract of carriage. The contract of sale is perfected at the moment there is a meeting of minds upon the thing which is the object of the contract and upon the price. Article 7. (n), Article 1518. In case of a pledge of animals, their offspring shall pertain to the pledgor or owner of animals pledged, but shall be subject to the pledge, if there is no stipulation to the contrary.

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