Flashcards Studio

Two Filipino citizens, X and Y, own a parcel of land in Cebu. They sign a deed of absolute sale while they are in Paris, France. The instrument is drafted in French and executed before a French notary, signed by both parties. The instrument is not acknowledged or notarized in the Philippines, nor registered there. After returning to Manila, they apply to register the transfer of the Cebu land at the Registry of Deeds. (a)Identify the doctrine governing the form and validity of the deed under private international law, and specify which law governs its form. (b)For purposes of the transfer and registration of the Cebu land in the Philippines, does Philippine law govern the instrument’s form or does French law govern? Briefly distinguish Lex loci celebrationis from Lex situs. (c)If the parties instead have the deed re-executed in Manila as a Philippine public instrument, would that cure the defect for Philippine registration? Explain.