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
2. Assume jurisdiction and aly either the law of the forum or of another state
a. APPLY INTERNAL LAW - forum law should be alied whenever there is good
reason to do so; there is a good reason when any one of the following factors is
resent!
i. A specific la !f "#e f!$%& 'ec$ees "#a" i("e$(al la s#!%l' appl)
Examples:
Article. 1" of the #ivil #ode - real and ersonal roerty subject to the law
of the country where they are situated and testamentary succession
governed by lex nationalii
Article $2% of the #ivil #ode - makes revocation done outside &hiliines
valid according to law of the lace where will was made or lex domicilii
Article $1% of the #ivil #ode - rohibits 'iliinos from making joint wills
even if valid in foreign country
ii. T#e p$!pe$ f!$ei*( la as (!" p$!pe$l) plea'e' a(' p$!+e'
NOTICE AND PROOF OF FOREIGN LAW
As a general rule, courts do not take judicial notice of foreign laws;
'oreign laws must be leaded and roved
(ffect of failure to lead and rove foreign law )* alternatives+ of the forum
court!
)a+ Dismiss the case for inability to establish cause of action
)b+ Assume that the foreign law of the same as the law of the forum
)c+ Aly the law of the forum
iii. T#e case falls %('e$ a() !f "#e e,cep"i!(s "! "#e applica"i!( !f
f!$ei*( la
Exceptions to application of forein la!:
)a+ ,he foreign law is contrary to the ublic olicy of the forum
)b+ ,he foreign law is rocedural in nature
)c+ ,he case involves issues related to roerty, real or ersonal )le- situs+
)d+ ,he issue involved in the enforcement of foreign claim is fiscal or
administrative
)e+ ,he foreign law or judgment is contrary to good morals )contra "onos
mores+
)f+ ,he foreign law is enal in character
)g+ .hen alication of the foreign law may work undeniable injustice to the
citi/ens of the forum
)h+ .hen alication of the foreign law might endanger the vital interest of the
state
b. APPLY FOREIGN LAW - when roerly leaded and roved