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Posted by Magz
CONFLICTS OF LAWS; Definition:
1. That part of the law of each state or nation which determines whether,
in dealing with a legal situation, the law or some other state or
nation will be recognized, given effect, or applied (16 Am Jur, 2d,
Conflict of Laws, §1).
2. That part of municipal law of a state which directs its courts and
administrative agencies, when confronted with a legal problem involving
a foreign element, whether or not they should apply a foreign law/s
(Paras).
DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW
BASIS CONFLICT OF LAW LAW OF NATIONS
6 Absence Same
Presumptive death & Lex fori (Article 43, 390, 391, CC; Rule
7 survivorship 131 §5 [jj], Rules of Court)
Rules on Marriage as a Contract
FACTUAL SITUATION POINT OF CONTACT
Marriage by proxy
(NOTE: a marriage
by proxy is
considered
celebrated where Lex loci celebrationis (with prejudice
the proxy appears to the foregoing rules)
Rules on Marriage as a Status
FACTUAL SITUATION POINT OF CONTACT
National of husband
(Note: Effect of subsequent change of nationality:
1. If both will have a new nationality – the new
one
Personal rights & 2. If only one will change – the last common
obligations nationality
between husband & 3. If no common nationality – nationality of
1 wife husband at the time of wedding)
Contracts involving
real property which do The law intended will be the proper
not deal with the title law of the contract (lex loci
thereto voluntantis orlex loci intentionis)
Means of Transportation
Things
in transitu (these
things have a changing
status because they
move)
Recovery of debts or
involuntary assignment Where debtor may be effectively served with
1 of debts (garnishment) summons (usually the domicile)
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
Validity of transfer,
delivery or negotiation In general, situs of the instrument at the
6 of the instrument time of transfer, delivery or negotiation
Effect on a corporation
of the sale of
7 corporate shares Law of the place incorporation
Taxation on the
dividends of corporate
9 shares Law of the place of incorporation
Goodwill of the
business & taxation Law of the place where the business is
12 thereto carried on
Extrinsic Validity
of Wills
Made by a
2 Filipino abroad Lex nationalii OR lex loci celebrationis(Article 815)
Made by an
3 alien in the RP Lex nationalii OR lex loci celebrationis(Article 817)
Extrinsic Validity of
Joint Wills (made in
the same instrument)
Revocation of Wills
1 If done in the RP Lex loci actus (of the revocation) (Article. 829)
If done OUTSIDE
the RP
1. By a
DOMICILIARY of Lex domicilii (RP law) OR lex loci actus (of the
2 the RP revocation) (Article 17)
Executors and
Administrators
Exceptions
1. Alienation &
encumbrance of
property Lex situs (Article 16 [1])
Exception
Corporations
Partnerships
Reference:
Civil Law (Conflict of Laws) Memory Aid
Ateneo Central Bar Operations 2001