Preliminary Title: Article 16, Article 17 and Article 18 Flashcards
State Article 16 of the Civil Code of the Philippines?
Real property as well as personal property is subject to the law of the country where it is situated.
However, intestate and testamentary succession, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property regardless of the country wherein said property may be found.
True or False: The law of the country where the real property is situated shall be the governing law over such real property.
True. However, with respect to the order of succession and the amount of successional rights, they shall be regulated by the national law of the deceased and this is applicable regardless of the nature of the property.
State Article 17 of the Civil Code of the Philippines?
The forms and solemnities of contracts and wills and other public instruments shall be governed by the laws of the country in which they are executed.
When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solemnities established by Philippines laws shall be observed in their execution.
Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgements promulgated, or by determinations or conventions agreed upon in a foreign country.
True or False: The law provides clearly that the forms and solemnities of public instruments, wills and contracts shall be governed by the laws of the country where they are executed.
True. The law provides clearly that the forms and solemnities of public instruments, wills and contracts shall be governed by the laws of the country where they are executed.
In the Philippines, the will must be handwritten. Is a valid will created in Japan (holographic and not handwritten) also valid under the Philippine law?
Yes. The will created in Japan shall be governed by the laws in Japan. Since it is acceptable in Japan, it is also acceptable under the Philippine law.
True or False: The marriage license issued by a consul-general, consul or vice-consul abroad is considered valid in the Philippines.
Yes.
True or False: Any Filipino who procures an absolute divorce abroad will remain, in the eyes of the Philippine law, as not having been divorced.
True.
State Article 18 of the Civil Code of the Philippines.
In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code.
