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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSI. Interpretation of Doubtful Statutes (Civil Code, Art. 10)

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Review Question I: Effect and Application of Laws - Interpretation of Doubtful Statutes (Civil Code, Art. 10)

Mr. Santos owns a large piece of land in the province. He decides to sell a portion of his land to Mr. Hernandez. However, there is a clause in the deed that states the "boundary shall be the river." After the sale, a dispute arises between Mr. Santos and Mr. Hernandez regarding the actual location of the boundary. Both parties have different interpretations of what "the river" refers to.

Applying the rules on interpretation of doubtful statutes under Article 10 of the Civil Code, resolve the following issues:

  1. How should the court interpret the phrase "the river" in the boundary clause?
  2. What factors may the court consider in determining the intent of the parties in using the phrase "the river"?
  3. Assuming that there is ambiguity in the terms of the contract, can extrinsic evidence be admitted to determine the meaning of "the river"? Explain.
  4. What would be the effect if the court finds that the boundary is uncertain and cannot be determined from the terms of the contract?



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Bar Review Question: Review Question I: Effect and Application of Laws - Interpretation of Doubtful Statutes (Civil Code