Practice question
A party argues that because Article 17 points to the execution place for formalities, that same place automatically governs every substantive promise and capacity issue. Is that sound?
- Yes, formal and substantive validity are identical
- Yes, Article 17 repeals Article 15
- Yes, the place of signature decides jurisdiction too
- Yes, every foreign instrument is immune from public policy
- No; the issues must be characterized separately and the applicable connecting rules examined
Legal references
- Civil Code Articles15–17 and1306: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Saudia v. Rebesencio, GR198587, January14 2015, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/60343
- Family Code Article26, as amended: https://lawphil.net/executive/execord/eo1987/eo_209_1987.html
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