Conflict of Laws

2019 – 2020
EH401
Renvoi Note: ‘Renvoi’ means ‘referring back’
In what situation would this arise? The
cases I assigned to you deal with
What are the options in renvoi?
inheritance.
 Reject the renvoi
The problem of renvoi arises when the
decedent (a foreigner) has his domicile  Accept the renvoi
in the Philippines. So citizen of another (Note: Atty is strict. Must be ‘governed
country, but domiciled in the Philippines. by the law of the domicile’ and not
But whole we describe renvoi to be ‘governed by domicile’)
something that poses a problem, it is
actually a mechanism to solve issues Preconditions of Renvoi
regarding what shall be the proper
choice of law.
The problem in conflict of law is
basically about what shall be the law
that shall be applied – domestic law or
foreign law?
Aznar vs. Garcia
(Note that California has no system of
legitime)
Gives us the standing doctrine in these
cases. According to Aznar vs. Garcia, as
found in the California conflict rules, the
law of the domicile will govern as to the
intrinsic validity of the will
So basically:
Philippine Law – Says that nationality
will apply as to the intrinsic validity.
California Law – Says that law of the
domicile will apply as to intrinsic validity.
Note, Philippines in domicile, California
(US) is nationality.
Philippine Law will apply. The
Philippines has to accept the renvoi. We
apply the concept of legitime, since
Philippine law recognizes system of
legitime.