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1. 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).
2. 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).
SOURCES:
Direct:
1. Constitutions
2. Codifications
1. Special Laws
2. Treaties and Conventions
3. Judicial Decisions
4. International Customs
Indirect:
1. Work of writers
TERMS:
Lex Domicilii – law of the domicile; in conflicts, the law of one’s domicile applied in the choice
of law questions
Lex Fori – law of the forum; that is, the positive law of the state, country or jurisdiction of
whose judicial system of the court where the suit is brought or remedy is sought is an integral
part. Substantive rights are determined by the law where the action arose (lex loci) while the
procedural rights are governed by the law of the place of the forum (lex fori)
Lex Loci Contractus – the law of the place where the contract was made or law of the place
where the contract is to be governed (place of performance) which may or may not be the same
as that of the place where it was made
Lex Loci Rei Sitae – law of the place where the thing or subject matter is situated; the title to
realty or question of real estate law can be affected only by the law of the place where it is
situated
Lex Situs – law of the place where property is situated; the general rule is that lands and other
immovables are governed by the law of the state where they are situated
Lex Loci Actus – law of the place where the act was done
Lex Loci Celebrationis – law of the place where the contract is made
Lex Loci Solutionis – law of the place of solution; the law of the place where payment or
performance of a contract is to be made
Lex Loci Delicti Commissi – law of the place where the crime took place
Lex Mereatoria – law merchant; commercial law; that system of laws which is adopted by all
commercial nations and constitute as part of the law of the land; part of common law
Lex Non Scripta – the unwritten common law, which includes general and particular customs
and particular local laws
Renvoi Doctrine – doctrine whereby a jural matter is presented which the conflict of laws rules
of the forum refer to a foreign law which in turn, refers the matter back to the law of the forum or
a third state. When reference is made back to the law of the forum, this is said to be “remission”
while reference to a third state is called “transmission.”
Nationality Theory – by virtue of which the status and capacity of an individual are generally
governed by the law of his nationality. This is principally adopted in the RP
Domiciliary Theory – in general, the status, condition, rights, obligations, & capacity of a
person should be governed by the law of his domicile.
Long Arm Statutes – Statutes allowing the courts to exercise jurisdiction when there are
minimum contacts between the non-resident defendant and the forum.
1. Dismiss the case for lack of jurisdiction, or on the ground of forum non-conveniens
1. Assume jurisdiction and apply either the law of the forum or of another state
1. i. A specific law of the forum decrees that internal law should apply
1. APPLY INTERNAL LAW – forum law should be applied whenever there is good
reason to do so; there is a good reason when any one of the following factors is present:
Examples:
Article. 16 of the Civil Code – real and personal property subject to the law of the
country where they are situated and testamentary succession governed by lex nationalii
Article 829 of the Civil Code – makes revocation done outside Philippines valid
according to law of the place where will was made or lex domicilii
Article 819 of the Civil Code – prohibits Filipinos from making joint wills even if valid
in foreign country
1. ii. The proper foreign law was not properly pleaded and proved
(b) Assume that the foreign law of the same as the law of the forum
1. The case falls under any of the exceptions to the application of foreign law
(a) The foreign law is contrary to the public policy of the forum
(c) The case involves issues related to property, real or personal (lex situs)
(d) The issue involved in the enforcement of foreign claim is fiscal or administrative
(e) The foreign law or judgment is contrary to good morals (contra bonos mores)
(g) When application of the foreign law may work undeniable injustice to the citizens of the
forum
(h) When application of the foreign law might endanger the vital interest of the state
1. Theory of Comity – foreign law is applied because of its convenience & because we
want to give protection to our citizens, residents, & transients in our land
2. Theory of Vested Rights – we seek to enforce not foreign law itself but the rights that
have been vested under such foreign law; an act done in another state may give rise to the
existence of a right if the laws of that state crated such right.
3. Theory of Local Law– adherents of this school of thought believe that we apply foreign
law not because it is foreign, but because our laws, by applying similar rules, require us
to do so; hence, it is as if the foreign law has become part & parcel of our local law
4. Theory of Harmony of Laws – theorists here insist that in many cases we have to apply
the foreign laws so that wherever a case is decided, that is, irrespective of the forum, the
solution should be approximately the same; thus, identical or similar solutions anywhere
& everywhere. When the goal is realized, there will be “harmony of laws”
5. Theory of Justice – the purpose of all laws, including Conflict of Laws, is the dispensing
of justice; if this can be attained in may cases applying the proper foreign law, we must
do so
2 Property relations bet husband & wife National law of husband without prejudice
to what the CC provides concerning REAL
property located in the RP (Article 80)
(NOTE: Change of nationality has NO
EFFECT. This is the DOCTRINE OF
IMMUTABILITY IN THE
MATRIMONIAL PROPERTY
REGIME)
Rules on Property
1. Lex loci celebrationis (defect: this makes possible the evasion of the national law)
2. Lex nationalii (defect: this may impede commercial transactions)
3. Lex loci solutionis (law of the place of performance) (defect: there may be several
places of performance
4. Prof Minor’s solution:
5. Perfection – lex loci celebrationis
6. Cause or consideration – lex loci considerations
7. Performance – lex loci solutionis (defect: this theory combines the defect of the
others)
Rules on Torts
Rules on Crimes
NOTE: In the RP, we follow the territoriality theory in general; exception: Article 2, RPC,
stresses the protective theory
The locus delicti of certain crimes
1 Frustrated an consummated, homicide, Where the victim was injured (not where
murder, infanticide & parricide the aggressor wielded his weapon)
2 Attempted homicide, etc. Where the intended victim was (not where
the aggressor was situated) – so long as the
weapon or the bullet either touched him or
fell inside the territory where he was
3 Bigamy Where the illegal marriage was performed
4 Theft & robbery Where the property was unlawfully taken
from the victim (not the place to which the
criminal went after the commission of the
crime)
5 Estafa or swindling thru false Where the object of the crime was received
representation (not where the false representations were
made)
6 Conspiracy to commit treason, rebellion, Where the conspiracy was formed (not
or seditionNOTE: Other conspiracies are where the overt act of treason, rebellion or
NOT penalized by our laws sedition was committed)
7 Libel Where published or circulated
8 Continuing crime Any place where the offense begins, exists
or continues
9 Complex crime Any place where any of the essential
elements of the crime took place
Partnerships
The existence or non-existence of legal The personal law of the partnership, i.e.,
personality of the firm; the capacity to the law of the place where it was created
contract; liability of the firm & the (Article 15 of the Code of Commerce)
partners to 3rd persons (Subject to the exceptions given above as
in the case of corps.)
Creation of branches in the RP; validity & RP law (law of the place where branches
effect of the branches’ commercial were created) (Article 15, Code of
transaction; & the jurisdiction of the court Commerce)
Dissolution, winding up, & termination of RP law (Article 15, Code of Commerce)
branches in the RP
Domicile If not fixed by the law creating or
recognizing the partnership or by any
other provision – the domicile is where it
is legal representation is established or
where it exercises its principal functions
(Article. 15)
Receivers RP law insofar as the assets in the RP are
concerned can be exercised as such only in
the RP
Foundations (combination of capital Personal law of the foundation (place of
independent of individuals, usually not for principal center of administration
profit)