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    Jeff Lambayan
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    Conflict of laws addresses issues that arise when a case has a foreign element, such as which jurisdiction's laws apply (choice of law), whether foreign judgments will be recognized, and what jurisdiction the court has over the parties or subject matter. There are different approaches to resolving choice of law questions, such as traditional theories that apply the law of the place where the right was acquired or where the wrong was committed, or more modern approaches that consider multiple contacts between the issue and the jurisdictions. Characterization is the process used to determine whether forum or foreign law applies and is part of addressing choice of law issues.

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    Conflict of laws addresses issues that arise when a case has a foreign element, such as which jurisdiction's laws apply (choice of law), whether foreign judgments will be recognized, and what jurisdiction the court has over the parties or subject matter. There are different approaches to resolving choice of law questions, such as traditional theories that apply the law of the place where the right was acquired or where the wrong was committed, or more modern approaches that consider multiple contacts between the issue and the jurisdictions. Characterization is the process used to determine whether forum or foreign law applies and is part of addressing choice of law issues.

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    8 views2 pages

    COL Notes

    Uploaded by

    Jeff Lambayan
    Conflict of laws addresses issues that arise when a case has a foreign element, such as which jurisdiction's laws apply (choice of law), whether foreign judgments will be recognized, and what jurisdiction the court has over the parties or subject matter. There are different approaches to resolving choice of law questions, such as traditional theories that apply the law of the place where the right was acquired or where the wrong was committed, or more modern approaches that consider multiple contacts between the issue and the jurisdictions. Characterization is the process used to determine whether forum or foreign law applies and is part of addressing choice of law issues.

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    of 2

    Conflict of laws is the subject. It encompasses every issues.

    Conflict of laws does not give jurisdiction, rights over the parties. It is between procedural law and
    substantive law. It just tells when a court may have jurisdiction over the person; tells us what the law
    is applicable.

    When there is a foreign element involved, these issues in conflict of laws come to life: adjudicatory
    jurisdiction, choice of law, recognition and enforcement of foreign judgments.

    Choice of law issue

    - whether foreign or forum law applies.

    Recognition and enforcement of foreign judgments

    - would the decision regarding the case be recognized by another jurisdiction? Can a judgement from
    another country be enforced here in our country?

    Jurisdiction over the person

    - in the US - you acquire jurisdiction over the person by means of these principles: minimum contacts
    and fundamental fairness. These principles are not yet accepted in the Philippines.
    -in the PH - you acquire jurisdiction over the person by serving of summons.

    Jurisdiction over the subject matter

    - jurisdiction over the subject matter is acquired when the plaintiff files the case.

    Ways of dealing with a conflicts problem

    - Can assume or dismiss jurisdiction

    Dismiss
    - lack of jurisdiction
    -forum non conveniens. Read bank of america v ca

    When to apply forum law


    - when our laws would tell us that it must be the forum law would apply.
    - when foreign law is not properly pleaded and proved.
    - case falls under the exception of foreign law.

    Approaches to choice of law

    Traditional approach
    -vested rights theory
    - local law theory
    - caver’s

    Characterization - process to determine whether forum or foreign law applies.

    - part of the process in determining the choice of law issue.


    - single-aspect method
    - multi-aspect method

    Renvoi - this is only a question if there is choice of law issue. When the conflict of law in the forum law
    would say that the foreign law applies. Subsequently, when the conflict of law in the foreign law
    would say that forum law will apply. Back and forth.

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