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0 tracked cards Civil Law and Land Titles and Deeds
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In a sale of a parcel of land, a deed of sale is executed by a vendor named "Eduardo Dizon" and is notarized before a public notary. There is no birth certificate for Eduardo, no government-issued identification under that name, and no civil registry entry for that name. Eduardo’s siblings allege that Eduardo does not exist. The purchaser, "Ana Mercado," seeks to register the title in her name based on the deed. Apply the Presumption of Existence to determine (i) whether the presumption attaches to Eduardo’s signature, (ii) who bears the burden of proving existence, and (iii) if Eduardo does not exist, what is the consequence for the validity of the deed and for Ana’s title.

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Clara

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