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Source Public International Law (Vol. I & II) Article 55 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

(a) Identify the controlling doctrine under NCC Article 8 about the binding effect of judicial decisions applying or interpreting the laws.
(b) Distinguish how such decisions bind: (i) the parties to the case; and (ii) third parties and land titles when a later statute addresses the same matter.
(c) Apply to the following scenario: In 2012, the Supreme Court held that a mortgage between Pedro and Maria is valid and enforceable even if not annotated on the title. In 2018, a statute provides that mortgages must be annotated on the title to affect rights against third parties. In 2024, Rafael, a person not a party to the 2012 decision, seeks to register the 2012 mortgage against Sofia’s title. The Register of Deeds refuses, citing the 2018 statute. Explain: (i) which law governs for purposes of registration; (ii) whether the 2012 decision continues to bind Rafael personally and bind the title; and (iii) how Art. 8 governs the relation between judicial decisions and statutes in this context.

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