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Question
Art. 5 of the Civil Code classifies certain rules as mandatory or prohibitory. A privately drafted deed purporting to convey a parcel of land from A to B is executed, but the law requires that transfers of immovable property be effected by a public instrument to transfer ownership and bind third parties. The deed is only a private instrument and is not registered. (a) Identify whether the requirement of a public instrument for transfers of land is a mandatory or prohibitory rule under Art. 5. (b) Explain the effect of the private-deed conveyance on the validity of the transfer between A and B, and on B’s rights against third parties. (c) If B later sells the same parcel to C through a private deed, what would be C’s rights and why, referencing the applicable mandatory/prohibitory doctrine?