CONFLICT OF LAWS

Course Outline
Atty. Eden C. Brion, CPA
I.

Introduction/Background
1.
2.
3.
4.

II.

Jurisdiction
1.
2.
3.
4.
5.

III.

Definition and elements

Conflict of Laws vs. Law of Nations
Phases in the resolution of conflicts problem
Sources of conflicts rules

Definition of jurisdiction in Conflict of Laws

Kinds of jurisdiction
Minimum contacts
Principle of continuing jurisdiction
Forum non conveniens

Choice of Law
1.
2.
3.
4.

Conditions for the application of the rules on choice of law

Test factors in determining the applicable law
State of the most significant relationship rule
When lex fori (law of the forum) applies
a. Doctrine of processual presumption
b. Proof of foreign law
5. Theories on the application of foreign law
IV.

Foreign Judgments
1. Conditions for the recognition and enforcement of foreign
judgments
2. Presumptive validity of foreign judgments
3. Effect of foreign judgments

V.

Characterization of Conflicts Case

1.
2.
3.
4.

VI.

Components of a conflicts rule

Meaning of characterization
Steps in the resolution of a conflicts case
Theories on characterization

Status and Capacity

1. Status vs. capacity

2. Theories on personal law
VII.

The Nationality Theory

1.
2.
3.
4.
5.
6.
7.
8.

VIII.

Citizenship under the Constitution

Hague Convention on Conflict of Nationality Laws
Dual citizenship
Rules on statelessness
Derivative citizenship
Citizenship Retention and Re-acquisition Act (R.A. 9225)
Naturalization
Loss of citizenship

Domiciliary Theory
1. Kinds of domicile
2. Constitutional protection on domicile
3. Change of domicile

IX.

Situs or Eclectic Theory

X.

Renvoi
1. Meaning
2. Ways to resolve the problem of renvoi
3. Transmission

XI.

Specific Conflicts Rules

1.
2.
3.
4.
5.
6.
7.
8.

Status and capacity

Marriage and family relations
Succession
Real and personal property
Obligations and contracts
Torts
Crimes
Juridical persons