Flashcards Studio
Practice bar questions and get clear AI feedback on every answer.
Question
Two Filipino citizens, G and H, own a parcel of land in Cebu. They sign a deed of sale while they are in Seoul, Korea. The instrument is drafted in English and executed before a Korean public official/notary, with both parties signing. It is not acknowledged or notarized in the Philippines, and there is no Philippine registration. 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 Korean law govern? Briefly distinguish Lex loci celebrationis from Lex situs. (c) If the parties instead re-execute the deed in Manila as a Philippine public instrument, would that cure the defect for Philippine registration? Explain.