Rules on Property
FACTUAL SITUATION POINT OF CONTACT
Real property
Exceptions Successional rights
Capacity to succeed
Contracts involving real property which
do not deal with the title thereto
Contracts where the real property is
given as security
Tangible personal property (choses in possession)
In General
1
Exceptions: same as those for real
property
Means of Transportation
2 Vessels
Other means
Things in transitu (these things have a
3 changing status because they move)
Loss, destruction, deterioration
Validity & effect of the seizure of the
goods
Disposition or alienage of the goods
Lex rei sitae (Article 16, CC)
National law of decedent (Article 16 par.
2, CC)
National law of decedent (Article. 1039)
The law intended will be the proper law
of the contract (lex loci voluntantis or lex
loci intentionis)
The principal contract (usually loan) is
governed by the proper law oft the
contract (lex loci voluntatis or lex loci
intentionis)NOTE: the mortgage itself is
governed by lex rei sitae. There is a
possibility that the principal contract is
valid but the mortgage is void; or it may
be the other way around. If the principal
contract is void, the mortgage will also
be void (for lack of proper cause or
consideration), although by itself, the
mortgage could have been valid.
Lex rei sitae (Article. 16, CC)
EXCEPTION: same as those for real
property EXCEPT that in the example
concerning mortgage, the same must be
changed to pledge of personal property)
Law of the flag (or in some cases, place
of registry)
Law of the depot (storage place for
supplies or resting place)
Law of the destination (Article. 1753,
CC)
Locus regit actum (where seized)
because said place is their
temporary situs
Lex loci volutantis or lex loci
intentionis because here there is a
contract
 FACTUAL SITUATION
INTangIBLE PERSONAL PROPERTY
(CHOSES IN ACTION)
Recovery of debts or involuntary
1 assignment of debts (garnishment)
Voluntary assignment of debts
2 intentionis (proper law of the contract)
Other Theories:
1. National law of the debtor or creditor
2. Domicile of the debtor or creditor
3. Lex loci celebrationis
4. Lex loci solutionis
Taxation of debts
3
Administration of debts
4 these assets can be held liable for the
Negotiability or non-negotiability of an
5 instrument
Validity of transfer, delivery or
6 negotiation of the instrument
Effect on a corporation of the sale of
7 corporate shares
Effect between the parties of the sale of
8 corporate shares
Taxation on the dividends of corporate
9 shares
Taxation on the income from the sale of
10 corporate shares
Franchises
11
Goodwill of the business & taxation
12 thereto
Patents, copyrights, trademarks, trade
13 names
POINT OF CONTACT
Where debtor may be effectively served
with summons (usually the domicile)
Lex loci voluntatis or lex loci
Domicile of creditor
Lex situs of assets of the debtor (for
debts)
The right embodied in the instrument
(for example, in the case of a Swedish
bill of exchange, Swedish law
determines its negotiability)
In general, situs of the instrument at the
time of transfer, delivery or negotiation
Law of the place incorporation
Lex loci voluntatis or lex loci intentionis
(proper law of the contract) for this is
really a contract; usually this is the place
where the certificate is delivered)
Law of the place of incorporation
Law of the place where the sale was
consummated
Law of the place that granted them
Law of the place where the business is
carried on
In the absence of a treaty, they are
protected only by the state that granted
themNOTE: foreigners may sue for
infringement of trademarks and trade
names in the RP ONLY IF Filipinos are
granted reciprocal concessions in the
state of the foreigners