ATENEO CENTRAL BAR OPERATIONS 2007

Civil Law
SUMMER REVIEWER
CONFLICT OF LAWS

CHAPTER 1: GENERAL PROVISIONS

Transactions
involved

Private
transactions
between
private
individuals

Remedies
and
Sanctions

Resort to
municipal
tribunals

Sources

Generally
derived from
the internal
law of the
state; except
any conflict of
law question
governed by
a treaty

PRIVATE INTERNATIONAL LAW

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).

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).

NOTE: A factual situation that cuts across

territorial lines and is affected by diverse laws of
two or more States is said to contain a foreign
element.

FUNCTIONS OF CONFLICT OF LAW RULES

1. To proscribe the conditions under which a court
or agency is competent to entertain a suit or
proceeding involving facts containing a foreign
element;
2. To determine the extent, validity and
enforceability of foreign judgment
3. To determine for each class of cases the
particular system if law by reference to which the
rights of the parties must be ascertained
DISTINGUISHED FROM PUBLIC INTERNATIONAL
LAW
BASIS

CONFLICT OF

LAW OF NATIONS

LAW

Nature
Persons
involved

Municipal in
International in
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Dealt with by
Sovereign States
private
and other entities
individuals;
possessing
governs
international
individuals in
personality, e.g.,
their private
UN; governs
transactions
States in their
which involve relationships
a foreign
amongst
element
themselves

Adviser: Dean Cynthia del Castillo

Generally affected
by public interest;
those in general
are of interest only
to sovereign
States
May be peaceful
or forcible
Peaceful: includes
diplomatic
negotiation, tender
& exercise of good
offices, mediation,
inquiry
&
conciliation,
arbitration, judicial
settlement by ICJ,
reference
to
regional agencies
Forcible: includes
severance
of
diplomatic
relations,
retorsions,
reprisals,
embargo, boycott,
non-intercourse,
pacific blockades,
collective
measures under
the UN Charter,
and war.
Custom,
Treaty
and
General
Principles of law,
recognized
by
civilized
nations
and
juridical
decisions
and
teachings of the
most
highly
qualified publicists

SOURCES OF CONFLICT OF LAWS

Direct
Constitutions
Codifications
Special Laws
International Customs

Indirect
Natural Moral Law
Work of Writers

Head: Joy Ponsaran, Eleanor Mateo; Understudy: Joy Tajan, John Paul Lim;
Subject Head: Laarni Pichay;

Civil Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007
Treatises and
International
Conventions

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