Text of the provision
Art. 17. 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 execution.
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.
(11a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
The rule of lex loci celebrationis: the form of a contract, will, or public instrument is judged by the law of the country where it was made — a document valid in form there is valid in form here. But acts done before Philippine consular officials abroad follow Philippine formalities. And no foreign law, judgment, or agreement can override Philippine prohibitive laws protecting persons, property, public order, public policy, and good customs.
Related provisions
- Article 15 — the nationality rule on status and capacity.
- Article 16 — property and succession (see manual queue; source variant).
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.