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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Rosa Reyes, a Filipino seller, owns a parcel of land in Iloilo. She enters into a contract of sale with Ardent Holdings Pvt Ltd, a Singaporean corporation, for the same parcel. The contract is signed in Singapore on November 10, 2023 and provides that the contract shall be governed by Singapore law and that ownership passes upon full payment. The land remains titled in Rosa Reyes’s name in the Philippines. (a) Which law governs the formation and validity of the contract (Lex Contractus) in this scenario? (b) Which law governs the transfer of title to immovable property located in the Philippines (lex rei sitae), and what is the effect of applying both doctrines on Ardent’s claimed ownership of the land?

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Singapore law; (b) Philippine law; The effect is that Philippine law governs transfer of title but follows the Singapore-drafted form, potentially allowing a transfer that cannot be completed under Philippine constitutional limits. The law of the place where the land is located (lex rei sitae) for formation; (b) The law of the place where the contract was signed (lex loci contractus) for transfer; The effect is that both laws would independently permit the transfer to Ardent, which is contrary to public policy. Singapore law; (b) Singapore law; The effect is that Singapore law would permit transfer to a foreigner, and title could pass despite Philippine public policy. Singapore law; (b) Philippine law; The effect is that alien ownership cannot be perfected in the Philippines, so the transfer cannot take effect; the contract may be rescinded or the price refunded, and title remains in Rosa Reyes.

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