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Results for “Code of Commerce”

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Question Civil Law and Land Titles and Deeds | Judicial Decisions - NCC, Art. 8 | ESSAY Medium

(a) Under the Civil Code, NCC Article 8 governs the binding effect of judicial decisions applying or interpreting law...

(a) Under the Civil Code, NCC Article 8 governs the binding effect of judicial decisions applying or interpreting laws. State the controlling doctrine and its scope of binding force. (b) Distinguish how such judicial dec...

Citations: Civil Code of the Philippines, Article 8

Question Civil Law and Land Titles and Deeds | Mandatory and Prohibitory Laws - NCC, Art. 5 | ESSAY Medium

Art. 5 of the Civil Code classifies certain rules as mandatory or prohibitory. A privately drafted deed purporting to...

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 prop...

Citations: Civil Code of the Philippines, Article 5 (on mandatory and prohibitory laws); Civil Code provisions on the formal requirements for transfers of immovable property (public instrument).

Question Civil Law and Land Titles and Deeds | Judicial Decisions - NCC, Art. 8 | ESSAY Medium

(a) Identify the controlling doctrine under NCC Article 8 about the binding effect of judicial decisions applying or...

...the controlling doctrine under NCC Article 8 about the binding effect of judicial decisions applying or interpreting laws. (b) Distinguish how such decisions bind: (i) the parties to the case; and (ii) third parties and...

Citations: Civil Code, Article 8

Question Civil Law and Land Titles and Deeds | Judicial Decisions - NCC, Art. 8 | ESSAY Medium

(a) Identify the controlling doctrine under NCC Article 8 about the binding effect of judicial decisions applying or...

...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...

Citations: Civil Code of the Philippines, Article 8 (Lawphil)

Question Civil Law and Land Titles and Deeds | Judicial Decisions - NCC, Art. 8 | ESSAY Medium

(a) Identify the controlling doctrine under NCC Article 8 about the binding effect of judicial decisions applying or...

...the controlling doctrine under NCC Article 8 about the binding effect of judicial decisions applying or interpreting laws. (b) Distinguish how such a decision binds: (i) the parties to the case; and (ii) third parties an...

Citations: Civil Code of the Philippines, Article 8

Question Civil Law and Land Titles and Deeds | Judicial Decisions - NCC, Art. 8 | ESSAY Medium

(a) Identify the controlling doctrine under NCC Article 8 about the binding effect of judicial decisions applying or...

...the controlling doctrine under NCC Article 8 about the binding effect of judicial decisions applying or interpreting laws. (b) Distinguish how such decisions bind: (i) the parties to the case; and (ii) third parties and...

Citations: Civil Code Article 8

Question Civil Law and Land Titles and Deeds | Mandatory and Prohibitory Laws - NCC, Art. 5 | ESSAY Medium

A and B are neighbors who own a parcel of land adjoining a public road. A orally agrees to sell to B and the parties...

A and B are neighbors who own a parcel of land adjoining a public road. A orally agrees to sell to B and the parties execute a private instrument of sale, which is not a public instrument and is not registered. B has not...

Citations: Civil Code of the Philippines, Article 5

Question Civil Law and Land Titles and Deeds | Ignorance of the Law - NCC, Art. 3 | ESSAY Medium

A Filipino buyer, Lani, buys a lot from Nova Land Holdings through their agent Arman. Arman signs a Deed of Sale and...

...r did not authorize the sale. Lani now invokes Article 3 of the Civil Code, arguing that her lack of knowledge about the title’s validity should excuse her. (a) Identify the controlling doctrine and its scope. (b) Distin...

Citations: Civil Code, Art. 3

Question Civil Law and Land Titles and Deeds | When Laws Take Effect - NCC, Art. 2 | ESSAY Medium

An Act titled the Land Titles Modernization Act (LTMA) was enacted on December 1, 2023 and published in the Official...

...d law. (a) Identify the controlling rule under Article 2 of the Civil Code regarding when laws take effect. (b) Determine whether Maria’s January 25, 2024 filing is governed by the old law or by the LTMA. (c) If Maria ha...

Citations: Civil Code of the Philippines, Art. 2

Question Civil Law and Land Titles and Deeds | Waiver - NCC, Art. 6 | ESSAY Medium

Bea, owner of Lot N, signs a written "Waiver of Right to Question or Reconvey Title" attached to the deed of sale to...

...dentify the controlling doctrine on waivers of rights under the Civil Code, Art. 6, and explain its core elements. (b) Is the waiver binding only between Bea and Bruno, or also binding upon Carla and Darius (third partie...

Citations: Civil Code of the Philippines, Art. 6

Question Civil Law and Land Titles and Deeds | Waiver - NCC, Art. 6 | ESSAY Medium

Kara, owner of Lot 7, signs a 'Waiver of Right to Challenge Title' attached to the deed of sale to Omar, stating: "I...

...dentify the controlling doctrine on waivers of rights under the Civil Code, Art. 6, and explain its core elements. (b) Is the waiver binding only between Kara and Omar, or also binding upon Felix (a third party)? (c) App...

Citations: Civil Code, Art. 6, Property Registration Decree No. 1529 (Land Registration)

Question Civil Law and Land Titles and Deeds | Ignorance of the Law - NCC, Art. 3 | ESSAY Medium

Ken, a Filipino buyer, purchases Lot 12 from Mila, who presents herself as the owner and signs a deed of sale with a...

...wed was forged in Mila’s name. Ken now invokes Article 3 of the Civil Code, arguing that his lack of knowledge about Mila’s true status should excuse him. (a) Identify the controlling doctrine and its scope. (b) Distingu...

Citations: Civil Code of the Philippines, Art. 3

Question Civil Law and Land Titles and Deeds | Mandatory and Prohibitory Laws - NCC, Art. 5 | ESSAY Medium

Lila owns Lot 11 in a metropolitan subdivision. Lila privately signs a deed of sale transferring the lot to Kai, but...

...hird parties is mandatory or prohibitory under Article 5 of the Civil Code. (b) Explain the effect of the private deed from Lila to Kai on (i) the validity of the transfer between Lila and Kai, and (ii) Lila’s rights aga...

Citations: Civil Code, Art. 5

Question Civil Law and Land Titles and Deeds | Retroactivity of Laws - NCC, Art. 4 | ESSAY Medium

On May 20, 2011, Ramon executed a private deed transferring a parcel of land to Maya; the deed was notarized but not...

...ify 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 RPTA’s retroactivity clauses apply to pending applications and to pre-e...

Citations: Civil Code of the Philippines, Article 4, Lawphil

Question Civil Law and Land Titles and Deeds | Retroactivity of Laws - NCC, Art. 4 | ESSAY Medium

On September 9, 2018, Paolo sold Lot X to Lena by a private deed of sale; the deed was notarized but not registered....

...ify 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-e...

Citations: Civil Code of the Philippines, Article 4

Question Civil Law and Land Titles and Deeds | Judicial Decisions - NCC, Art. 8 | ESSAY Medium

(a) Identify the controlling doctrine under NCC Article 8 about the binding effect of judicial decisions interpreting...

...the controlling doctrine under NCC Article 8 about the binding effect of judicial decisions interpreting or applying laws. (b) Distinguish how such decisions bind: (i) the parties to the case; and (ii) third parties and...

Citations: Civil Code of the Philippines, Article 8

Question Civil Law and Land Titles and Deeds | Judicial Decisions - NCC, Art. 8 | ESSAY Medium

(a) Identify the controlling doctrine under NCC Article 8 about the binding effect of judicial decisions. (b) Disting...

...the controlling doctrine under NCC Article 8 about the binding effect of judicial decisions. (b) Distinguish how such a decision binds on the parties to the case versus its binding effect on third parties and on land tit...

Citations: Civil Code of the Philippines, Article 8

Question Civil Law and Land Titles and Deeds | Judicial Decisions - NCC, Art. 8 | ESSAY Medium

(a) Under NCC Article 8, what is the controlling doctrine about the binding effect of judicial decisions interpreting...

...Article 8, what is the controlling doctrine about the binding effect of judicial decisions interpreting or applying the laws? (b) Distinguish how such a decision binds: (i) the parties to the case; and (ii) third partie...

Citations: Civil Code of the Philippines, Art. 8

Question Civil Law and Land Titles and Deeds | Ignorance of the Law - NCC, Art. 3 | ESSAY Medium

A Filipino buyer, Kai, buys Lot A from Irene who presents herself as the owner and signs a deed of sale. After the tr...

...nd no authority to sell Lot A. Kai now invokes Article 3 of the Civil Code, arguing that his lack of knowledge about Irene’s title should excuse him. (a) Identify the controlling doctrine and its scope. (b) Distinguish i...

Citations: Civil Code of the Philippines, Art. 3

Question Civil Law and Land Titles and Deeds | Ignorance of the Law - NCC, Art. 3 | ESSAY Medium

A Filipino buyer, Mario, signs a deed of sale with Liza, who presents herself as the owner and provides a title to Lo...

...dge about Liza’s title should excuse him under Article 3 of the Civil Code. (a) Identify the controlling doctrine and its scope. (b) Distinguish ignorance of the law from ignorance of the facts in this land-transaction c...

Citations: Civil Code of the Philippines, Article 3

Question Civil Law and Land Titles and Deeds | Legal Periods - NCC, Art. 13; Revised Administrative Code of 1987, Book I, Chapter VIII, Sec. 31 | ESSAY Medium

A new statute, the Real Property Modernization Act (RPMA), was enacted on January 15, 2025 and published in the Offic...

...tion Act (RPMA), was enacted on January 15, 2025 and published in the Official Gazette on February 5, 2025. The Act provides: (1) This Act shall take effect fifteen (15) days after its publication; (2) All deeds of sale...

Citations: Civil Code, Article 13, Revised Administrative Code of 1987, Book I, Chapter VIII, Sec. 31

Question Civil Law and Land Titles and Deeds | Legal Periods - NCC, Art. 13; Revised Administrative Code of 1987, Book I, Chapter VIII, Sec. 31 | ESSAY Medium

Act No. 9998 provides: "This Act shall take effect ten days after its publication in the Official Gazette." It was pu...

...and post-effectivity acts are treated, a common Bar exam issue. Civil Code, Art. 13, Revised Administrative Code of 1987, Book I, Chapter VIII, Sec. 31

Citations: Civil Code, Art. 13, Revised Administrative Code of 1987, Book I, Chapter VIII, Sec. 31

Question Civil Law and Land Titles and Deeds | When Laws Take Effect - NCC, Art. 2 | ESSAY Medium

An Act titled the Digital Land Registry Regulation (DLRR) was enacted on August 20, 2024 and published in the Officia...

...d law. (a) Identify the controlling rule under Article 2 of the Civil Code regarding when laws take effect. (b) Determine whether Jose’s September 10, 2024 filing is governed by the old law or by the Regulation. (c) If J...

Citations: Civil Code of the Philippines, Art. 2