relate 16.1 to 16.

2 CC
16.1 - a conflict rule

is 16.1 property always located in a foreign jurisdiction? - NO. so, if in the PH,
you don't apply conflict rule (because there is no foreign element)

16.2 - look to this rule if the property

may property under 16.1 involve property under succession?

16.2 provides for the qualifications to the general rule laid down in 16.1

does usage of property in 16.2 precludes it from 16.1

"w/o regard to nature of the property or where it is situated" what does this mean?
-
16.2 provides an exception - "HOWEVER"

16.2 pertains to the order, amount, and intrinsic validity

16.2 - property under succession may not be located in the PH. so what happens,
what will you do with it?
> 16.2 must apply before 16.1 - to determine their rights
> if satisfied, 16.1 can be applied.

what function does 16.2 perform?

relevance of 1039 CC? - capacity to succeed is determined by the national law of

the decedent.

3 issues in 16.2
- order
- amt
- intrinsic validity

DIFF. btw lex patriae and lex domicili

LP (15 CC) -
LD (50, 51, 99 CC)

Distinction btw 17.1 AND 1356 (both articles cover forms and solemnities)
- 17.1: GR
- 1356: qualification

Article 1356. Contracts shall be obligatory, in whatever form they may have been
entered into, provided all the essential requisites for their validity are present.

However, when the law requires that a contract be in some form in order that it may
be valid or enforceable, or that a contract be proved in a certain way, that
requirement is absolute and indispensable. In such cases, the right of the parties
stated in the following article cannot be exercised. (1278a)

part. 2 - what the law requires talks of form and solemnities - not
essential/substantial requirements

RELATIONSHIP btw 17.1 and 16.1?

- forms and solemnities is governed by 17.1
- on the other hand, w/ respect to the intrinsic validity
DISTINCTION? (lex loci rei sitae v Lex loci celebrationis) - there may be a
conflict - make a choice as to which one is correct (17.1 v 16.1)
- sir is not sure one should make a distinction
may the contract in 17.1 have as its subject matter RP under 16.1?
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