250
Rules when it is absolutely impossibl
CONTRACTS
‘ { of insurance which j,
‘Thus, in a ‘contract 0 nal be i is g
con, any ambiguity shall be interpre,
contract of adhesion, any amie a olicy da i
inst the insurer since t i
result from mutual negotiation between the parties a8 they
are prescribed by the insurer in printed form to which iL
it F i jnooses but which he ca,
insured may ‘adhere” if he cl naa
change. (Del Rosario vs. Equitable Insurance and Casualty
Co., GR. No. 16215, June 29, 1963)
je to settle doubts unde,
the preceding rules (Art. 1378)
1.
refer to the incidental circumstances of g
When the doubts ul cl a
t, the least transmission of rights and
gratuitous contract
interests shall prevail.
Example: If C gave his bicycle to D, but it cannot
be determined whether C donated it (donation) or merely
lent it (commodatum), the contract should be interpreteq
as commodatum rather than donation — because
commodatum transmits lesser rights since the ownership
of the bicycle is retained by C. :
If the contract is onerous, the doubt shall be ‘settled in
favor of the greatest reciprocity of interests.
Example: D_ obtained from = C a loan of
P500,000.00 which bears interest at 1% per month. It
cannot be determined, however, whether the loan is
payable in 2 years or 3 years The repayment period
should be interpreted at 3 years because D will have more
time to use the money, while C will earn more interest.
If the doubts are cast upon the principal object of the
contract in such a way that it cannot.be known what may
have been the intention or will of the parties, the contract
shall be null and void.
Example: S$ has several cars. He sold one car to B
but it cannot be determined which of the cars was being
sold. The contract of sale is void.