Persons and Family Relations Flashcards
Domiciliary Rule
The basis for determining personal law of an individual is his domicile.
Nationality Rule
The basis for determining personal law of an individual is his citizenship.
Renvoi Doctrine
Where the conflict rules of the forum refer to a foreign law, and the latter refers it back to the internal law, the latter (law of the forum) shall apply.
Transmission Theory
If the foreign law refers it to a third country, the said country’s laws shall govern.
Doctrine of Processual Presumption
The foreign law, whenever applicable, should be proved by the proponent thereof; otherwise, such law shall be presumed to be exactly the same as the law of the forum.
Rule on Prohibitive Laws
Prohibitive laws concerning persons, their acts or property and laws which have for their object public order, public policy or good customs are not rendered ineffective by laws, judgments promulgated or conventions agreed upon in foreign country. EXCEPTION: Art. 26, par. 2 Family Code / Example: Divorce law
Prejudicial Questions
A question that arises in a case
The resolution of which is a logical antecedent of the issue involved herein
The cognizance of which pertains to another tribunal
Civil Personality
Aptitude of being the subject, active or passive, of rights and obligations
Judicial Capacity
Fitness to be the subject of legal relations
Capacity to Act
Power to do act with legal effects
Theory of General Capacities
One has the ability to do all things with legal
effects except only in those specific circumstances where the capacity to
act is restrained.
Theory of Special Capacities
This limits the power of juridical persons only to those that are expressly conferred upon them or those which can be implied
therefrom or incidental thereto.
Lex nationalii
Citizenship is the basis for determining the personal law applicable.
It covers family rights & duties, status, condition & legal capacity.
Exception: Article 26, paragraph 2
