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Source Probation Law Section 10. Conditions of Probation Showing the closest available flashcard practice.
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0 tracked cards Civil Law and Land Titles and Deeds
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Question

On September 9, 2018, Paolo sold Lot X to Lena by a private deed of sale; the deed was notarized but not registered. On December 15, 2026, the Legislature enacted the Retroactive Land Titles Act (RLTA), which provides: (i) retroactive effect to all land transfers evidenced by a valid contract of sale and payment of taxes, even if not registered as of its effectivity; (ii) upon filing an application for registration before the Register of Deeds, the transferee shall be issued an owner's title, subject to existing liens; (iii) this Act shall apply to all pending applications as of the effective date. The Register of Deeds, in 2027, denied Lena's application for registration on the ground that the sale occurred before the Act and was not registered. Lena sues for registration.
(a) Identify the controlling doctrine on retroactivity of laws under the Civil Code and state the effect of Article 4 on this statute.
(b) Decide whether the RLTA's retroactivity clauses apply to pending applications and to pre-existing unregistered transfers, and explain any limitations.
(c) Apply to the facts and determine whether Lena is entitled to registration under RLTA, stating the reasons and noting any liens or encumbrances that may affect title.

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