Article 17 - Contracts and Wills

18 August 2019
19:04
The forms and solemnities of contracts, wills, and other public instruments shall be governed by the
laws of the country in which they are executed.

When the acts referred to are executed before the diplomatic or consular officials of the Republic of
the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed
in their executions.

Prohibitive laws concerning persons, their acts or property, and those which have for their object
public order, public policy and good customs shall not be rendered ineffective by laws or judgments
promulgated or by determinations or conventions agreed upon in a foreign country.

LEX LOCI Forms and solemnities of contracts, wills and other public instruments are
CELEBRATIONIS governed by laws of the country in which they are executed.

INTRINSIC Governed by the proper law of the contract or lex contractus, which may either
VALIDITY OF be the law of the place voluntarily agreed upon by the contracting parties (lex
CONTRACTS loci voluntatis) or the law of the place intended by them expressly or impliedly
(lex loci intentionis)

INTRINSIC VALIDITY OF WILLS Shall be governed by the national law of the

ILLUSTRAT
TION
Facts: Juan, a Filipino citizen, enters into an ordinary contract with Joe, an American
The contract was executed in Canada.
Issues: 1. What law shall govern in the formal validity of the contract?
2. What law shall govern in the legal capacities of the parties to enter into such
contract?
3. What law shall govern in the intrinsic validity of the contract?
Held: 1. Canadian law, under the principle of lex loci celebrationis.
2. Their respective national laws.
3. The proper law of the contract (lex contractus), which may either be the law of the
place voluntarily agreed upon by the contracting parties (lex loci voluntatis) or the
of the place intended by them expressly or impliedly (lex loci intentionis).

ACTS EXECUTED BEFORE DIPLOMATIC AND CONSULAR OFFICIALS

- The solemnities established by Philippine laws shall be observed in their execution.

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