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CONFLICTS OF LAWS Definition
CONFLICTS OF LAWS Definition
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).
DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW
1 Municipal in International in
Nature character character
Generally affected
by public interest;
Private transactions those in general are
3 Transactions between private of interest only to
involved individuals sovereign states
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 – law of the place
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
Lex Patriae – national law
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.
WAYS OF DEALING WITH A CONFLICTS PROBLEM:
1. Dismiss the case for lack of jurisdiction, or on the ground of forum non-conveniens
DOCTRINE OF FORUM NON CONVENIENS – the forum is inconvenient; the ends of justice would be best served by
trial in another forum; the controversy may be more suitably tried elsewhere
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
NOTICE AND PROOF OF FOREIGN LAW
As a general rule, courts do not take judicial notice of foreign laws; Foreign laws must be pleaded and proved
Effect of failure to plead and prove foreign law (3 alternatives) of the forum court:
(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
Exceptions to 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
3
Age of majority Same
5
Use of titles of nobility Same
6
Absence Same
Lex loci
celebrationis EXCEPT if
the marriage is:
1. Highly immoral
(like bigamous/
polygamous
marriages)
2. Universally
considered
incestuous
(between brother-
sister, and
ascendants-
Between Foreigners descendants)
Celebrate
d Abroad Apply 1 (b) to uphold
Mixed validity of marriage
National of
husband(Note: Effect of
subsequent change of
nationality:
1. If both will have a
new nationality –
the new one
2. If only one will
change – the last
common nationality
3. If no common
nationality –
nationality of
Personal rights &
1 obligations between husband at the time
husband & wife of wedding)
Rules on Property
Means of Transportation
Things in transitu (these
things have a changing
status because they move)
FACTUAL SITUATION POINT OF CONTACT
Other Theories:
1. National law of the debtor or creditor
2. Domicile of the debtor or creditor
3. Lex loci celebrationis
4. Lex loci solutionis
3
Taxation of debts Domicile of creditor
Effect on a corporation of
7 the sale of corporate Law of the place
shares incorporation
1
1 Law of the place that
Franchises granted them
1
2 Goodwill of the business & Law of the place where
taxation thereto the business is carried on
Lex nationalii OR lex
domicilii OR RP law
(Article 816, CC), OR lex
1 loci celebrationis(Article
Made by an alien abroad 17(1))
Lex loci
celebrationis therefore
void even if apparently
allowed by Article 817
because the prohibition on
3 joint wills is a clear
Made by aliens in the RP expression of public policy
Revocation of Wills
Lex loci
celebrationis (Article 17
Formal or Extrinsic Validity {1})
Exceptions
1. Alienation &
encumbrance of
property Lex situs (Article 16 [1])
Exception
Rules on Torts
Rules on Crimes
Generally where
Essential elements of a crime committed (locus regit
and penalties actum)
7 Where published or
Libel circulated
Corporations
General rule: the law of
the place of
incorporationEXCEPTIONS:
1. For constitutional
purposes – even of
the corporation
was incorporated in
the RP, it is nor
deemed a Filipino
corporation &
therefore can’t
acquire land,
exploit our natural
resources, 7
operate public
utilities unless 60%
of capital if Filipino
owned
2. For wartime
purposes – we
pierce the
corporation veil &
go to the
nationality of the
controlling
stockholders to
determine if the
corporation is an
enemy (CONTROL
Powers and liabilities TEST)
Formation of the
corporation (requisites);
kind of stocks, transfer of
stocks to bind the
corporation, issuance,
amount & legality &
dividends, powers &
duties of members, Law of the place of
3. stockholders and officers incorporation
Principal receiver is
appointed by the courts of
the state of
incorporation; ancillary
receivers, by the courts of
any state where the
corporation has assets
(authority is CO-
EXTENSIVE) w/ the
Receivers (appointment & authority of the
powers) appointing court
Partnerships
Creation of branches in
the RP; validity & effect
of the branches’ RP law (law of the place
commercial transaction; where branches were
& the jurisdiction of the created) (Article 15, Code
court of Commerce)