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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

A Filipino seller, in Cebu, sells a parcel of land to Nova Global Realty Corp., a foreign corporation, for PHP 40,000,000. The sale agreement is signed in Bangkok; the payment is to be made in Bangkok; the deed will be executed in Bangkok and later presented for registration in the Philippine Register. The land is located in Cebu, Philippines. Nova seeks ownership. Apply Lex loci solutionis: (i) which law governs the contract’s validity and transfer of title; (ii) may Nova Global Realty own the land; (iii) the effect on the title upon registration under Philippine law. Provide a concise conclusion.

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Regardless of the governing law, Philippine public policy requires that land be owned by Filipinos; registration would be denied and title would remain with the seller. The contract’s validity and transfer of title are governed by Thai law for validity, but Philippine law governs the effect on land titles; registration would be denied because ownership by a foreign corporation is prohibited. The contract’s validity and transfer of title are governed by Thai law (lex loci solutionis); as foreigners cannot own land in the Philippines, the title cannot pass to Nova; upon registration, the transaction would be denied and the land would remain in the seller’s name. The contract’s validity and transfer of title are governed by the law of the place where the deed is executed (Bangkok); notwithstanding, Philippine constitutional bans on foreign ownership apply; registration would be denied.

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