CONFLICT OF LAWS – PRIL FINALS REVIEWER!
Antonio Arcilla | Rachelle Mayuga | Charisse MendozaJaklyn Pineda | Dahlia Salamat | Aida Villanueva
(Second Semester, A.Y. 2009-2010)
Examples of Conflict of Law Rules in the Philippines1. Art. 15 CC Lex Patriae2. Art. 1251 (par. 3) CC Lex Domicili3. Art. 16 CC Lex Situs / Lex Rei Sitae4. Art. 17 (par. 1) CC Lex Loci Contractus5. Art. 71 CC Lex Loci Celebrationis6. Art. 26 (par. 1) FC Lex Loci Celebrationis7. Art. 1306 CC Lex Loci IntentionisCivil Code :
Arts. 15, 16, 17, 71, 75, 124, 815-817, 818-819,1039, 1753, 1306
Laws relating to
family rights and duties, or to status,condition and capacity of persons
are binding upon citizens of the Philippines even though living abroad.
Real property as well as personal property is subject to the law of the country where it is situated.However,
intestate and testamentary succession
, both withrespect to the
order of successions and to the amount of successional rights and to the intrinsic validity of testamentary provisions
, shall be regulated by the national law of the personwhose succession is under consideration,
whatever may be thenature of the property and regardless of the country wherein said property may be found
forms and solemnities of contracts, wills, and other public instruments
shall be governed by the laws of the countryin which they are executed.When the acts referred to are executed before the
diplomatic or consular officials of the Republic of the Philippines
in aforeign country, the solemnities established by Philippine lawsshall be observed in their execution.Prohibitive laws concerning persons, their acts or property, andthose which have, for their object, public order, public policy andgood customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventionsagreed upon in a foreign country.
Art. 71 (Amended by Art. 26, FC)
All marriages performed outside the Philippines in accordance withthe laws in force in the country where they were performed, and valid there as such, shall also be valid in this country, except bigamous,polygamous, or incestuous marriages as determined by Philippinelaw.
Art. 75 (See Art. 7 and 10, FC)
Marriages between Filipino citizens abroad may be solemnized by consuls and vice-consuls of the Republic of the Philippines. Theduties of the local civil registrar and of a judge or justice of the peaceor mayor with regard to the celebration of marriage shall be performed by such consuls and vice-consuls.
Art. 124 (See Art. 80, FC)
If the marriage is between a citizen of the Philippines and a foreigner,whether celebrated in the Philippines or abroad, the following rulesshall prevail:(1) If the husband is a citizen of the Philippines while thewife is a foreigner, the provisions of this Code shall governtheir relations;(2) If the husband is a foreigner and the wife is a citizen of the Philippines, the laws of the husband's country shall befollowed, without prejudice to the provisions of this Codewith regard to immovable property.
Filipino is in a foreign country
, he is authorized tomake a will in any of the forms established by the law of thecountry in which he may be. Such will may be probated in thePhilippines.
The will of an
alien who is abroad
produces effect in thePhilippines if made with the formalities prescribed by the law of the place in which he resides, or according to the formalitiesobserved in his country, or in conformity with those which thisCode prescribes.
made in the Philippines by a citizen or subject of another country
, which is executed in accordance with the law of the country of which he is a citizen or subject, and which might beproved and allowed by the law of his own country, shall have thesame effect as if executed according to the laws of thePhilippines.
Two or more persons cannot make a will jointly, or in the sameinstrument, either for their reciprocal benefit or for the benefit of athird person
Wills, prohibited by the preceding article, executed by Filipinos ina foreign country shall not be valid in the Philippines, even thoughauthorized by the laws of the country where they may have beenexecuted.
Payment shall be made in the place designated in the obligation.
There being no express stipulation and if the undertaking is todeliver a determinate thing, the payment shall be made
wherever the thing might be at the moment the obligation was constituted
.In any other case, the place of payment shall be the domicile of the debtor.If the debtor changes his domicile in bad faith or after he hasincurred in delay, the additional expenses shall be borne by him.These provisions are without prejudice to venue under the Rulesof Court.
The contracting parties may establish such
stipulations,clauses, terms and conditions as they may deem convenient
,provided they are not contrary to law, morals, good customs,public order, or public policy.
The law of the country to which the goods are to be transportedshall govern the
liability of the common carrier
for their loss,destruction or deterioration.