Essay Flashcards

(a) State the doctrine of Lex loci solutionis and the controlling rule for conflicts of laws as it applies to contracts. (b) Distinguish Lex loci solutionis from Lex loci contractus and explain which law governs the form and effect of a sale of land in the Philippines when the contract is signed and the deed executed abroad. (c) Facts: A Filipino seller, Pedro, sells a parcel of land in Cebu to Klaus, a German national, for PHP 30 million. The contract is signed in Singapore; payment is to be made there; the deed will be executed in Singapore and later presented for registration in the Philippine Register. The land is in the Philippines and Klaus seeks ownership. Apply Lex loci solutionis: (i) which law governs the contract’s validity and transfer of title; (ii) whether Klaus may lawfully own the land; (iii) the effect on the title upon registration under Philippine law. Provide a concise conclusion.