Christina, a Filipino citizen residing in New York, purchased a painting from her stepbrother Johnny while visiting a museum. Johnny, also a Filipino citizen, is a painter residing in New York. Johnny then agreed to purchase Christina's farm lot in the Philippines. After some time dating, Johnny and Christina married in the Philippines. Within a month of marriage, Christina became pregnant but tragically delivered a premature baby that died the next day.
Christina, a Filipino citizen residing in New York, purchased a painting from her stepbrother Johnny while visiting a museum. Johnny, also a Filipino citizen, is a painter residing in New York. Johnny then agreed to purchase Christina's farm lot in the Philippines. After some time dating, Johnny and Christina married in the Philippines. Within a month of marriage, Christina became pregnant but tragically delivered a premature baby that died the next day.
Christina, a Filipino citizen residing in New York, purchased a painting from her stepbrother Johnny while visiting a museum. Johnny, also a Filipino citizen, is a painter residing in New York. Johnny then agreed to purchase Christina's farm lot in the Philippines. After some time dating, Johnny and Christina married in the Philippines. Within a month of marriage, Christina became pregnant but tragically delivered a premature baby that died the next day.
Christina, a Filipino citizen residing in New York, purchased a painting from her stepbrother Johnny while visiting a museum. Johnny, also a Filipino citizen, is a painter residing in New York. Johnny then agreed to purchase Christina's farm lot in the Philippines. After some time dating, Johnny and Christina married in the Philippines. Within a month of marriage, Christina became pregnant but tragically delivered a premature baby that died the next day.
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Read the facts.
Understand the question
before answering. Explain your answers briefly and concisely in not more than three sentences. Christina is a Filipino citizen, 30 years old but she resides in New York, USA. While visiting a museum in New York, she met her stepbrother, Johnny, 35 years old, a Filipino citizen and a painter. She purchased a painting form him to transported to her Manila mansion. Johnny learned that Christina is selling her farm lot in Zambales. He agreed to buy it. He asked his New York Attorney to draft the Deed of Sale of the farm lot. After several weeks of knowing each other, Christina and Johnny became lovers. Johnny proposed to Christina and gifted her with a diamond ring. Johnny has minor children in New York. They were born in the Philippines to his former girlfriend from Brazil. He regularly supports them from his earnings as painter. After a year Johnny and Christina got married in the Philippines. Within a month from getting married, Christina got pregnant. On the sixth month, Christina prematurely delivered her child who died due to complications the following day.
1.What law shall governs the intrinsic
validity of the Contract of Sale of the painting?
Answer: New York Law shall prevail. Article
17 of the Civil Code of the Philippines provides that “the forms and solemnities of public instruments, wills and contracts shall be governed by the laws of the country where they are executed.xxxx” Whereas, in this case, Christina bought the painting from Johnny in New York, therefore, New York Law shall prevail.
2. What law shall govern the formalities of
the Deed of Sale of Real Properties? Answer: Philippine Law shall prevail in this case, wherein the farm which is considered as real property bought by Johnny from Christina is situated in Zambales, Philippines, whereas, Article 16 of the New Civil Code provides that “the real property as well as personal property is subject to the law of the country where it is situated.xxxxx”
3. What law governs the intrinsic validity of
the donation of the diamond ring? Will your answer be the same if the ring was purchased in Europe but exported to the US specifically for the occasion?
Answer: New York law will prevail. In this
case wherein Johnny is living Article 17 of the New Civil Law provides, “Real property as well as 4. What is the citizenship of Johnny’s children? Answer: Johhny’s children are both citizens of the Philippines. Article 48, para 3 of the New Civil Code provides that, “The following are citizens of the Philippines…… (3)Those whose fathers are citizens of the Philippines.” Whereas, in this case, Johnny is a Filipino citizen, the father of the children.
5. What law governs the amount of
support/entitlement of support of Johnny’s children? Answer: Philippine Law shall govern the amount of support/entitlement of Johnny’s children. Whereas, Johnny is a Filipino citizen, according to article 15 of the new civil code, with regards to the nationality rule, regardless of where a citizen if the Philippines might be, he or she will be governed by Philippine Law with respect to his family rights and duties. 6. What law governs the intrinsic validity of their marriage? In this case, Philippine law shall govern the intrinsic validity of their marriage because they got married in the Philippines. Marriage is a form of contract, whereas, article 17 of the new civil code provides that forms and solemnities of the contract shall be govern by the country in which they are executed.
Will your answer be the same if they were
married in Paris, France? Answer: no, because as stated in the article 17 of the new civil code, forms and and solemnities of contract shall govern by the law of the country in which they are executed. In which case, Paris, France Law shall prevail. 7. What law govern the formal requisites of the marriage between Johnny and Christina? Will your answer be the same if they were married in California, USA?
Answer: Philippine Law shall govern the
formal requisites of the marriage between Johnny and Christina because they got married in the Philippines wherein Article 17 provides that the formalities of their marriage shall be govern by the country in which it was executed. In which case, they were married in the California, USA , then, California, USA Law shall govern such.