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0 tracked cards Civil Law and Land Titles and Deeds
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Two Filipino citizens, S and T, are co-owners of a parcel of land in Cebu. They sign a deed of partition while they are in Tokyo, Japan. The instrument is drafted in English and executed before a Japanese notary, signed by both parties. It is not acknowledged or notarized in the Philippines, nor registered there. After returning to Manila, S and T apply to register the partition at the Registry of Deeds to reflect their separate ownership. (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 Japanese 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.

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