CONFLICTS OF LAWS Definition
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
BASIS CONFLICT OF LAW LAW OF NATIONS
1
Nature Municipal in character International in character
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
1
Beginning of personality of natural person National law of the child (Article 15, CC)
2
Ways & effects of emancipation Same
3
Age of majority Same
4
Use of names and surnames Same
5
Use of titles of nobility Same
6
Absence Same
Rules on Property
FACTUAL SITUATION POINT OF CONTACT
1
In General Lex rei sitae (Article. 16, CC)
Means of Transportation
Validity & effect of the seizure of the Locus regit actum (where seized) –
goods because said place is their temporary situs
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
10 Taxation on the income from the sale of Law of the place where the sale was
corporate shares consummated
11
Franchises Law of the place that granted them
Revocation of Wills
Exceptions
Exception
Rules on Torts
FACTUAL SITUATION POINT OF CONTACT
Rules on Crimes
FACTUAL SITUATION POINT OF CONTACT
1 Frustrated an consummated, homicide, Where the victim was injured (not where
murder, infanticide & parricide the aggressor wielded his weapon)
3
Bigamy Where the illegal marriage was performed
Where the property was unlawfully taken
from the victim (not the place to which the
4 criminal went after the commission of the
Theft & robbery crime)
Conspiracy to commit treason, rebellion, Where the conspiracy was formed (not
6 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
Corporations
Validity of corporate acts & contracts Law of the place of incorporation & law of
(including ultra vires acts) the place of performance (the act or
contract must be authorized by BOTH
laws)
Partnerships
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)