Conflict of Laws Course Outline Atty Gravador

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DISCUSSION GUIDE
CONFLICT OF LAWS
Ally Waldemar R Grovotlor
Course Description:
This course deals primarily with the study of Conflict Rules in our Jurisdiction, It Is also known as
Private International Law
This is a study of the various laws we have which comes Into play when the issue before the court
affects some fact, event, or transaction that is so clearly connected with a foreign system of law as
to necessitate recourse to that system, It is part of the 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 or foreign laws,
Course Credit: Two (2) units
Course Objectives:
At the end of the semester, the students are expected to:
1 Identify when a Conflict of Laws problem arises:

.)
2.) Leam how to resolve a Conflict of Laws problem;

3.) Know the different Conflicts Rules on various subjects, such as personal law,
contracts, wills and succession, property, marriage, dissolution of marriage, torts and
crimes, corporation and partnership, and recognition and enforcement of foreign
judgment; and
Course Content:
I. Introduction and General Principles

A. Conflict of laws, defined; its object, function and scope
B Distinguish from Public International Law
C. Importance of Private International Law
D. Sources of Private International Law
Jurisdiction and Choice of Law

A. Judicial jurisdiction; types
B Three (3) ways/methods of disposing Conflict of Law cases
C Analysis of the three (3) ways/methods of disposing Conflict of Law cases
I. Dismissing the case, Principle of forum non conveniens
li. Application of internal and domestic law
(1) where application of internal law is decreed
(2) where there is failure to plead and prove foreign law
(3) where the case involves any of the exceptions to the application of foreign law
iil Application of foreign law and the various Choico-of-Law theories that justify the
application of foreign law
D Proof and authentication of foreign laws and documents
E. Doctrine of Processual Presumption
F. Tire problem of characterization
G, The problem of the Renvoi

i Ways of dealing with the problem
ii. Reasons for and against the Renvoi
III. Usefulness of Renvoi
Conflicts Rules on Personal Law

l
A Theories in determining one's personal law
B. Citizenship and domicile
C. Dual citizenship
D. Statelessness
E Personal status and capacity
IV Conflicts Rules on Contracts

A Extrinsic validity of contracts
i. Philippine conflict rule on extrinsic validity of contracts
B Capacity of parties
I. Philippine conflict rule on capacity to contract
C. Intrinsic validity of contracts
i, Lex loci contractus
(1) Lex loci voluntatis
(2) Lex loci intenllonis
li. Philippine conflict rule on Intrinsic validity of contracts
D. Choice of law by the parties In a contract; exceptions
V. Conflicts Rules on Wills and Succession

A. Extrinsic validity of wills
B. Probate of wills
C. Intrinsic validity of wills
D. Revocation of wills
E Administration of estates
VI. Conflicts Rules on Property

A. The Philippine Civil Code and the lex situs rule
B . Exceptions to the lex situs rule
C. Conflict of laws on real property situated in another country
D Extrinsic and intrinsic validity of conveyances
E. Capacity to transfer or acquire property
F. Situs of certain properties
i. Situs of personal property for taxation purposes
ii. Situs of money
lii. Situs of corporate shares of stocks
G. Distinguished from Property relations of spouses
VII. Conflicts Rules on Marriage

A. Marriage as a contract
B. Marriage as a status
C. Philippine law on Extrinsic validity of marriage
D. Philippine law on Intrinsic validity of marriage
E. Effects of marriage
i. Personal relations between spouses
ii. Property relations of spouses
F. Adoption
VIII Conflicts Rules on Dissolution of Marriage

A. Divorce, legal separation, annulment of marriage, and declaraton of nulDty of
marriage distinguished
B Divorce
i. Law governing divorce
ii. Divorce between foreign spouses
iii. Divorce obtained by foreign spouse
iv. Divorce by Filipino spouses
C. Legal separation - Jurisdiction, Governing Law, Grounds
D. Annulment of marriage - Nature, Jurisdiction, Governing Law, Grouncs
E. Declaration of nullity of marriage - Nature, Jurisdiction, Governing Law, Grounds
2
IX Conflicts Rules on Torts and Crimes
A. Torts, defined
B Concept of tort in toe PhiSpptnes
C. Laws governing tofts
D Lex too deMt commissi
E. Three (3) theories m determining the locus delicti
F Modem theories and rules on tort RafcifFty
G Conflicts rules on mantime torts
H Foreign tori dams, conditions to? enforcement of tort daims
I Philippine rute on foreign torts
J Distinguish tort from erne
K. Lex loci defiefr
L Different theories that determine whether a state or legal system has jurisdiction to
take cognizance of criminal cases
M. Philippine conflict rule on crime
X Conflicts Rules on Corporation and Partnership

A Corporation
i. Personal law of corporation
il Domicile or residence of foreign corporation
iii. Junsdidion over foreign corporation
iv. Philippine law on foreign corporation
v, Right of foreign corporation to bring suit
vi. Exceptions to the license requirement
vii Definition and scope of 'transacting business'
B Partnership
i. Personal law of partnership
ii. Domicile of partnership
X Recognition anc Enforcement of Foreign Judgment

A Distinction between Recognition and Enforcement of Foreign Judgment
B Bases of Recognition and Enforcement of Foreign Judgment
C. Philippine Conflicts Rule on Recognition and Enforcement of Foreign Judgment
D, Recognition and Enforcement of Foreign Judgment Requisites and Defenses
E. Value and Condusiveness of Foreign Judgment
F. Junsdidion over Action for Enforcement of Foreign Judgment
G Procedure for Enforcement of Foreign Judgment
References
• Conflict of Laws, latest edition by Galahad R.A. Pe Benito
• Handbook on Conflld of Laws, latest edition, by AJtcm V Sempio-Diy
• Conflid of Laws (Pnvate International Law), latest edition, by Ruben E Agpalo
• Philippine Conflid of Laws latest edition by Edgardo Paras

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Course Credit: Two (2) units

At the end of the semester, the students are expected to:

1 Identify when a Conflict of Laws problem arises:

2.) Leam how to resolve a Conflict of Laws problem;

I. Introduction and General Principles

Jurisdiction and Choice of Law

G, The problem of the Renvoi

Conflicts Rules on Personal Law

IV Conflicts Rules on Contracts

D. Choice of law by the parties In a contract; exceptions

V. Conflicts Rules on Wills and Succession

VI. Conflicts Rules on Property

VII. Conflicts Rules on Marriage

VIII Conflicts Rules on Dissolution of Marriage

X Conflicts Rules on Corporation and Partnership

X Recognition anc Enforcement of Foreign Judgment

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