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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

A Filipino seller in Cebu sells a parcel of land to Kaiser GmbH, a German corporation, for PHP 28,000,000. The sale agreement is signed in Bangkok; the payment is to be made in Bangkok; the deed will be executed in Manila and later presented for registration in the Philippine Register. The land is located in Cebu, Philippines. Kaiser seeks ownership. Apply Lex loci solutionis: (i) which law governs the contract’s validity and transfer of title; (ii) may Kaiser GmbH lawfully own the land; (iii) the effect on the title upon registration under Philippine law. Provide a concise conclusion.

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The law of Bangkok (place of performance) governs the contract’s validity and transfer of title; Kaiser may own the land under Bangkok law, but the Philippine Constitution prohibits aliens from owning land, so the transfer cannot be perfected in the Philippine Register and registration in Kaiser’s name would be denied. The law of the land where the property is located (lex situs) governs; Kaiser cannot own land in the Philippines; registration denied. A mixed rule applies where the law of the place of performance governs the contract, but Philippine constitutional limits prevail; registration denied. The law of Bangkok (place of performance) governs the contract’s validity and transfer of title; Kaiser may own the land under Bangkok law; however, Philippine constitutional prohibition on alien land ownership makes registration in Kaiser’s name impermissible.

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