Conflict of Laws- Midterm Flashcards
What is a foreign element?
A factual situation that cuts across territorial lines and is affected by the diverse laws of two or more states.
What are the Phases in Conflicts Resolution?
- Jurisdiction- concerns the authority of a court of law to take cognizance of a case
- Choice of law- refers to the applicable law to the problem
- Recognition and Enforcement of Judgment- concerns the enforcement of foreign laws and judgments in another jurisdiction
State the Article 15 of NCC
Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.
State the Article 16 of NCC
Real property as well as personal property is subject to the law of the country where it is stipulated.
However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found.
State the Article 17 of NCC
The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed.
When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their execution.
Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country.
What is Forum non conveniens?
A court’s discretionary power to decline the exercise of its jurisdiction where another court may more conveniently hear a case
What are the different choice of Law Principles?
1 Local Law
2 Needs of the Interstate and International Systems
3 Relevant Policies of the Forum
4 Relevant Policies of Other Interested States
5 Protection of Justified Expectations
6 Basic Policies Underlying the Particular Field of Law
7 Certainty, Predictability, and Uniformity of Result
8 Ease in the determination and application of the Law to be applied
What are the other principles affecting choice of law?
Proof of Foreign Law- Foreign laws have to be properly proved before they are admitted into evidence. Failure to prove foreign law will result to the exclusion of the foreign law and a presumption will arise that foreign law is the same as local law
Processual Presumption- the effect of a failure to prove foreign law is that local law will become the governing law. It presumes the foreign law to be the same as local law when there is failure to prove foreign law.
What is Characterization or Doctrine of Qualification?
The process of deciding whether or not the facts relate to the kind of question specified in a conflict’s rule. The purpose of which is to enable the forum to select the proper law.
What is a Renvoi Doctrine?
A procedure whereby a jural matter presented is referred by the Conflict of Laws rules of the forum to a foreign state, the Conflict of Laws rule of which in turn refers the matter back to the law of the forum or a third state
The law is being referred back and forth from the forum law to the law of domicile of the party which involves a Conflict of Laws rule, pointing back to the forum law as applicable.
Explain Primacy of Contractual Stipulations
The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order or public policy.
