Practice question
Foreign law is not proved and presumed identity properly applies. One party says this automatically makes every private contract clause valid despite a demonstrated mandatory Philippine-law prohibition applicable under that analysis. Which is correct?
- Presumption guarantees every clause is valid.
- Presumed identity does not erase the substantive prohibitions of the law thereby applied.
- Private contracts always repeal mandatory law.
- No court may examine the actual clause.
- Only the contract's page count can determine validity.
Legal references
- Bison Management v. AAA, G.R.256540, February14,2024, MAIN: https://lawphil.net/judjuris/juri2024/feb2024/gr_256540_2024.html
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