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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

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?

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Presumed identity does not erase the substantive prohibitions of the law thereby applied. Presumption guarantees every clause is valid. No court may examine the actual clause. Private contracts always repeal mandatory law.

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