Escolar Documentos
Profissional Documentos
Cultura Documentos
A. CONTROLLING LAW
Immovable property regulated by lex situs.
Reason: The characterization of immovable property as
an isolated object of rights so that the interests of
various persons is determined by the place where the
land is situated.
Movable property Not necessarily governed by lex
situs. May be controlled by:
a) Lex domicilii
b) Lex situs
c) Lex loci actus (place where transaction was
completed)
d) Proper law of transfer
B. CAPACITY TO TRANSFER OR ACQUIRE PROPERTY
Capacity to transfer or acquire property is governed by
Lex situs or law of the place where property is located.
Cases:
*Llantino v. Chong
The sale of a residential land to an alien which is
now in the hands of a naturalized Filipino citizen
is valid.
*Cheesman v. Intermediate Appellate Court
The fundamental law of the land prohibits the
sale to aliens of residential lands. If between
spouses, one an alien and the other a Filipino, the
property acquired by the wife were to be declared
conjugal, this would accord to the alien husband
a not insubstantial interest and right over the
land, as he would then have a decisive vote as to
its transfer or disposition. This is a right that the
Constitution does not permit him to have.
C. EXTRINSIC AND INTRINSIC VALIDITY OF CONVEYANCES
Important rules to remember:
1) Formalities of a contract to convey property are
governed by lex situs. Any transfer of property which
requires registration of title cannot be accepted by
the registry of property unless the formal
requirements of the lex situs are complied with.
2) The validity and effect of conveyance of property are
treated as a question of property rather than
contract. Lex situs governs the effects of
conveyances. It also applies to the essential validity
2) Involuntary transfer
- Title is acquired by operation of law such as
execution or attachment. Lex situs or that law of the
place where the chattel is located is applied.
3) Goods in transit
- Governed TEMPORARY RESTING PLACE. The right of
an unpaid seller and the goods are transferred from
one place to another. Concerning the seizure or
arrest in case the seller exercises the right to stop
and seize the goods, law of the temporary resting
place or where the goods were seized will govern the
validity of transfer.
4) Means of transports involving vessels
Seagoing vessels law of the flag of the vessel. For
states consisting of several countries, ex UK, law of the
place of registry shall govern.
INTANGIBLE PROPERTIES OR CHOSES IN POSSESSION
1) Debts
For recovery of debts, the applicable rule is place where
debtor can be effectively served with summons.
2) Voluntary transfer or assignments of debts
Validity depends on which the parties may select among
these:
a) lex intentionis or lex voluntatis
b) law of domicile of the debtor if there is no contract
between the parties. If not applicahlle, may be
govern by
c) lex loci celebrationis, or
d) lex loci solutionis, or law of place of performance.
e) If there is no agreement, lex intentionis.
3) Involuntary transfer of debts
ex: garnishment governed by law of the state where
jurisdiction is exercised against garnishee.
4) Negotiable instrument law of the place indicated in the
instrument. Or if none indicated, place of delivery. Or even
the place of negotiation.
5) Corporate shares of stocks ex: sale of shares of stock,
dividends issued by the corporation law of the place of
incorporation.
6) Patents, trademarks, tradenames and copyright
generally if there is a treaty, treaty shall govern any issue
involved.
If there is no treaty and a foreign corporation wants to
sue Filipino national who is using its tradename, the corporation
may be allowed to sue in the Philippines to give justice to the
General rule:
Capacity to enter into contracts is generally governed
by the PERSONAL LAWS OF THE CONTRACTING PARTIES,
domiciliary or nationality theory.
Exception:
Contracts involving alienation or encumbrance of
property, thus lex litus
*Insular government v. frank:
Capacity to enter into contract is determined by personal
law
D. CHOICE OF FORUM LAWS
The contract may set forum of venue or court where parties
may file suit. It should be very exclusive, should indicate the
not in any other place.
ADHESION CONTRACTS
The general rules is that adhesion contracts are VALID
provided no abuse of power between the dominant party
and the submissive party. Limitation of liability of the
dominant party is valid.
Exceptions: (courts may not recognize adhesions)
1) PAL v. CA
Warsaw convention provides for the limit of liability of an
airline company. The Supreme Court ruled that WARSAW
Convention is not actually controlling; there is a limit to the
extent of liability of the company if there is negligence. The
warsaw does not preclude the operation of the civil code. The
court can award damages.
2) Contract is written in a language foreign to the other party
3) Undue advantage made by dominant party
Ex: dominant party deprived opportunity to bargain on
equal account
Rules for special contracts:
1) Voluntrary transfer of goods lex situs shall apply
2) Simple loan granted by financial institutions governing law is
the law of permanent place of business of financial institution
3) Loan granted by private individual - law where loan was
obtained or granted
4) Transportation by sea- carriage of passenger or goods
a) Philippine ports to foreign ports law of the country of
destination.
B. JOINT WILLS
E. REVOCATION OF WILLS
Depends on the place of revocation or even the domicile
of testator.
1) If revocation takes place in Philippines, whether testator be
domiciled here or in another country, revocation is valid if it is
done according to Philippine laws.
2) If revocation takes place outside Philippines and testator is
domiciled in the Philippines, valid if done according to Philippine
laws.
3) Revocation takes place outside the Philippines and the testator
not domiciled in ph, valid if done according to law of place
where the will is executed or according to the law of place of
domicile of the testator.
4) If after revoking in another country, testator transferred to
another state and has new domicile when he died:
a) Common law countries law of domicile.
b) Civil law law of place of revocation.
F. PROBATE
Basically procedural in nature, so law of the forum should
govern procedural matters.
1) Foreign will not yet probated in the country where
executed the estate of the testator should go through
all the procedure that Philippine laws provide.
2) Foreign will already probated in the foreign country
needs to be reprobated in Philippines. Ask for the
enforcement of the foreign judgment before the
Philippines.
are: