Sample Law School Exam Questions.docx - Sample Law School Exam Questions 1 X and Y entered into a contract in Australia whereby it was agreed that X

Sample Law School Exam Questions.docx - Sample Law School...

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Sample Law School Exam Questions 1. X and Y entered into a contract in Australia, whereby it was agreed that X would build a commercial building for Y in the Philippines, and in payment for the construction, Y will transfer and convey his cattle ranch located in the United States in favor of X. What law would govern: a) The validity of the contract? The validity of the contract will be governed by the Australian law. According to Article 17(1) of the Civil Code, the forms and solemnities of wills, and other public instruments shall be governed by the laws of the country which they are executed. In this situation, since X and Y entered into a contract in Australia, the Australian law shall govern. b) The performance of the contract? The performance of the contract will be governed by the Philippine law. According to Article 16(1) of the Civil Code, real property as well as personal property is subject to the law of the country where it is situated. Since the performance of the contract, agreement to build a commercial building, is in the Philippines, then the Philippine law will govern. 2. Juan is a Filipino citizen residing in Tokyo, Japan. State what laws govern: a. His capacity to contract marriage in Japan. Juan’s capacity to contract marriage in Japan will be governed by the Philippine law. According to Article 15 of the Civil Code, laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even when living abroad. Since Juan is a Filipino citizen, his marital capacity will be subjected to the Philippine law. b. His successional rights as regards his deceased Filipino father’s property in Texas, U.S.A. c. The extrinsic validity of the last will and testament which Juan executed while sojourning in Switzerland. The extrinsic validity of the last will and testament will be governed by the Switzerland law. According to Article 17(1) of the Civil Code, forms and solemnities of will, and other public instruments shall be governed by the laws of the country which it is executed. Since Juan executed the last will and testament in Switzerland, then the Swiss law shall govern. d. The intrinsic validity of said will. The intrinsic validity of the will, will be governed by the Philippine law. According to Article 16(2) of the Civil Code, … the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration. Since Juan’s father is a Filipino, then the Philippine law shall govern. 2. Felipe and Felisa, both Filipino citizens, were married in Malolos, Bulacan on June 1, 1950. In 1960 Felipe went to the United States, becoming a U.S. citizen in 1975. In 1980 they obtained a divorce from Felisa, who was duly notified of the proceedings. The divorce decree became final under California Law. Coming back to the Philippines in 1982, Felipe married Sagundina, a Filipino Citizen. In 2001, Filipe, then domiciled in Los Angeles, California, died, leaving one child by Felisa, and another one by Sagundina. He left a will which he left his estate to Sagundina and his
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