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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

A Filipino seller in Dumaguete sells a parcel of land in Negros Oriental to Nova Global Realty Corp., a Singapore-based corporation, for PHP 50,000,000. The sale agreement is signed in Tokyo; the payment is to be made in Tokyo; the deed will be executed in Tokyo and later presented for registration in the Philippine Register. The land is located in Negros Oriental, Philippines. Nova seeks ownership. Apply Lex loci solutionis: (i) which law governs the contract’s validity and transfer of title; (ii) may Nova lawfully own the land; (iii) the effect on the title upon registration under Philippine law. Provide a concise conclusion.

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Lex loci solutionis applies to the contract, but for the transfer of title the Philippines recognizes trusts or other arrangements allowing foreign ownership; Nova could own the land through such a structure. Japanese law governs the contract’s validity and transfer of title; Nova Global Realty Corp., being only 40% Filipino-owned, may not lawfully own land, so the transfer cannot be registered in the Philippine Register in its name and the title remains with the seller. Philippine law governs the contract’s validity and transfer; a foreign corporation may own land if it is at least 60% Filipino-owned; since Nova is 40%, ownership cannot pass and registration would be refused. Japanese law governs the contract; Nova may own the land because the 60% Filipino ownership requirement does not apply to foreign corporations if the sale is contracted abroad.

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