CONFLICTS PPT

CHOICE OF LAW
A. Correlation between jurisdiction and choice of law
B. Approaches to choice of law
o Traditional approaches
o Modern approaches

PROBLEM OF CHARACTERIZATION
 arises from the fact that a conflicts situation or problem may be characterized by the lex fori different from the characterization of the lex causae (law of the state with which the act or
transaction is most closely connected). Lex fori might regard the problem as crime, while lex causae considers it only as a tort.
 Gibbs v Govt of P.I.

A. Characterization and Single Aspect Method

a. Characterization, otherwise known as classification or qualification, is the process of assigning a certain set of facts or factual situation to its proper or correct legal category.
1. Subject matter characterization
 Exists only in the abstract
 Must be invoked by filing proper complaint or petition with court
 If allegations lack jurisdiction: court dismisses the case
 If complaint shows presence of jurisdiction: trial must be held
2. Substance matter characterization
B. Depecage
 different issues within a case may be governed by the laws of different states. In common law countries dépeçage usually means a single contract which provides that different parts
of the contract shall be governed by different laws.

PROBLEM OF RENVOI
 Arises when there is doubt as to whether the reference by the lex fori (law of the country where the problem arises) to the foreign law that involves (1) a reference to the internal law of the
foreign law or (2) a reference to the entirety of the foreign law, including its conflicts rules
A. Definition
a. Means refer back or return
b. Refer a matter for consideration or judgment

B. Various ways of dealing with the problem of renvoi

a. Reject the renvoi
b. Accept the renvoi
c. Follow the desisment or mutual disclaimer of jurisdiction theory
d. Apply foreign court theory
C. Usefulness of renvoi

NOTICE AND PROOF OF FOREIGN LAW

A. Extent of judicial notice
B. Proof of foreign law
 GR: Foreign law must be duly pleaded and proved
 XPN: Statute worded identically as the foreign law
C. Exceptions to the application of foreign law
 Foreign law contrary to an important public policy of the forum
i. We cannot enforce in the PH, a divorce law of a foreign country if the parties are Filipinos. (Art. 26, sec par., FC)
ii. A joint will executed by Flipinos locally or in a foreign country is not valid (Arts. 818, 819, NCC)
iii. Incestuous marriages under the Family Code and those considered void by the Code are null and void, even valid in other countries (Arts. 37, 38 FC)

 Foreign law is procedural in nature

i. No vested rights in rules of procedure.
ii. Party to an action must submit himself to the procedural formalities of the forum, except when law is both procedural and substantive like rules on prescription.
iii. An American cannot insist on a jury trial in the Philippines. Neither can he insist in the application of American procedural laws in a case in the Philippines where he is a
party.
  Issues are related to property ( lex situs)
i. We apply the lex situs or lex rei sitae to all properties, whether real or personal, found or located in the Philippines
 Issue involved in the enforcement of foreign claim is fiscal or administrative
i. We are not bound to enforce foreign revenue or administrative laws.
ii. We are not concerned with the collection of taxes by foreign coutries or with foreign laws relating to governmental functions or matters

 Foreign law or judgment is contrary to good morals (contra bonos mores)

i. Foreign laws recognizing prostitution
ii. Agreements under foreign laws that corrupt the proper administration of justice or reward crimes
iii. Contracts under foreign laws to corrupt public officials

 Application of foreign law will work undeniable injustice to the citizens of the forum
i. Should not be enforced or given effect here.
ii. Foreign law putting the age of majority at 21 and refusing to recognize contracts of Filipinos abroad who are above 18 but below 21, considering that the age of majority in
our country is 18.

 Foreign law is penal in character

i. Crimes committed in foreign countries are violations of penal laws of those contries and cannot be prosecuted here
ii. A penal clause entered into abroad may however, be enforced here because such clause is not criminal in nature but only provides for liquidated damages
 Application of foreign law might endanger the vital interests of the state
i. National interests and security of our country should not be jeopardized by foreign laws, nor should we enforce foreign laws that undermine our governmental processes