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Philippine Bar review · Question

Practice question: Doctrine of Renvoi

Multiple Choice Hard

Practice question

An estate presents an intrinsic succession issue and a separate formal-execution issue. A party establishes an Aznar-type referral for the intrinsic issue and assumes it necessarily determines every formal requirement too. Which is best?
  1. Classify each issue and apply its own governing conflicts rule rather than extend the referral automatically.
  2. One succession referral necessarily answers every legal issue in the universe.
  3. Formal validity and intrinsic succession are always identical.
  4. The executor may choose any formal rule after death.
  5. Article 17 can never matter to a foreign instrument.

Legal references

  • Civil Code Articles13-17 and37-46: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Aznar v. Garcia, G.R.L-16749, January31,1963, MAIN: https://lawphil.net/judjuris/juri1963/jan1963/gr_l-16749_1963.html

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