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    Conflicts of Law 2nd Semester SY2019-2020 Finals

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    Oppa Kyu
    This document contains a final exam for a Conflict of Laws course consisting of 4 questions. Question 1 asks about which law governs a contract dispute between parties in Australia, the Philippines, and the United States. Question 2 discusses divorce and succession rights regarding a couple married in the Philippines where the husband later divorced and remarried in the US. Question 3 addresses a contract dispute where one party argues minority as a defense under the laws of different jurisdictions. Question 4 concerns a patent infringement case filed in the Philippines regarding a product patented in South Korea.

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    Conflicts of Law 2nd Semester SY2019-2020 Finals

    Uploaded by

    Oppa Kyu
    49 views2 pages
    This document contains a final exam for a Conflict of Laws course consisting of 4 questions. Question 1 asks about which law governs a contract dispute between parties in Australia, the Philippines, and the United States. Question 2 discusses divorce and succession rights regarding a couple married in the Philippines where the husband later divorced and remarried in the US. Question 3 addresses a contract dispute where one party argues minority as a defense under the laws of different jurisdictions. Question 4 concerns a patent infringement case filed in the Philippines regarding a product patented in South Korea.

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    conflict of laws

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    conflicts of law 2nd semester SY2019-2020 Finals

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    This document contains a final exam for a Conflict of Laws course consisting of 4 questions. Question 1 asks about which law governs a contract dispute between parties in Australia, the Philippines, and the United States. Question 2 discusses divorce and succession rights regarding a couple married in the Philippines where the husband later divorced and remarried in the US. Question 3 addresses a contract dispute where one party argues minority as a defense under the laws of different jurisdictions. Question 4 concerns a patent infringement case filed in the Philippines regarding a product patented in South Korea.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    49 views2 pages

    Conflicts of Law 2nd Semester SY2019-2020 Finals

    Uploaded by

    Oppa Kyu
    This document contains a final exam for a Conflict of Laws course consisting of 4 questions. Question 1 asks about which law governs a contract dispute between parties in Australia, the Philippines, and the United States. Question 2 discusses divorce and succession rights regarding a couple married in the Philippines where the husband later divorced and remarried in the US. Question 3 addresses a contract dispute where one party argues minority as a defense under the laws of different jurisdictions. Question 4 concerns a patent infringement case filed in the Philippines regarding a product patented in South Korea.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    UNIVERSITY OF THE EAST

    COLLEGE OF LAW
    FINALS IN CONFLICT OF LAWS
    2nd SEMESTER, SY2019-2020

    1. X and Y entered into a contract in Australia, whereby it was


    agreed that X would build a commercial building for Y in the
    Philippines, and in payment for the construction, Y will transfer and
    convey his cattle ranch located in the United States in favor of X.
    Assuming that X and Y enter into dispute resolution. Explain which
    law will govern the validity, performance and consideration of the
    contract. (20 points)

    2. Felipe and Felisa, both Filipino citizens, were married in


    Malolos, Bulacan on June 1, 1950. In 1960 Felipe went to the United
    States, becoming a U.S. citizen in 1975. In 1990 he obtained a
    divorce from Felisa, who was duly notified of the proceedings. The
    divorce decree became final under California Law. Coming back to
    the Philippines in 1992, Felipe married Sagundina, a Filipino Citizen.
    In 2001, Felipe, then domiciled in Los Angeles, California, died,
    leaving one child by Felisa, and another one by Sagundina. He left a
    will which he left his estate to Sagundina and his two children and
    nothing to Felisa. Sagundina files a petition for the probate of Felipe’s
    will. Felisa questions the intrinsic validity of the will, arguing that her
    marriage to Felipe subsisted despite the divorce obtained by Felipe
    because said divorce is not recognized in the Philippines. For this
    reason, she claims that the properties and that Sagundina has no
    successional rights.

    A. How does the divorce of Felipe with Felisa affect the rights of
    Segundina? Explain thoroughly (20 points)

    B. Explain thoroughly what law will govern wills and succession of


    Felipe. (20 points)
    3. Francis Albert, a citizen and resident of New Jersey, U.S.A.,
    under whose law he was still a minor, being only 20 years of age,
    was hired by ABC Corporation of Manila to serve for two years as its
    chief computer programmer. But after serving for only four months,
    he resigned to join XYZ Corporation, which enticed him by offering
    more advantageous terms. His first employer sues him in Manila for
    damages arising from the breach of his contract of employment. He
    sets up his minority as a defense and asks for annulment of the
    contract on that ground. The plaintiff disputes this by alleging that
    since the contract was executed in the Philippines under whose law
    the age of majority is 18 years, he was no longer a minor at the time
    of perfection of the contract. Explain thoroughly which law will govern
    in the suit and the basis of Francis’ liability, if any. (20 points)

    4. Seri’s choice is corporation created and operating exclusively


    in South Korea manufacturing beauty products. One of its products is
    a shampoo which is patented under Korean law. Mr. Cho, a Korean,
    decided to copy Seri’s choice shampoo in the Philippines and sell the
    copy at the Philippine market. Seri’s choice found its products being
    sold in Lazada Philippines and decides to engage a lawyer to protect
    its rights. Seri’s choice filed a case with the RTC in the Philippines for
    infringement of its patent. You are the judge. Explain thoroughly
    whether the case can continue evaluating carefully any defenses
    which Mr. Cho can plead. (20 points)

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