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
(a) !ismiss the case for inabilit" to establish cause of action
(b) Assume that the foreign law of the same as the law of the forum
(c) Appl" the law of the forum
i. The case falls under any of the exceptions to the application of
foreign law
Exceptions to application of foreign law:
(a) #he foreign law is contrar" to the public polic" of the forum
(b) #he foreign law is procedural in nature
(c) #he case involves issues related to propert", real or personal (le$ situs)
(d) #he issue involved in the enforcement of foreign claim is fiscal or
administrative
(e) #he foreign law or judgment is contrar" to good morals (contra onos
!ores)
(f) #he foreign law is penal in character
(g) %hen application of the foreign law ma" work undeniable injustice to the
citi&ens of the forum
(h) %hen application of the foreign law might endanger the vital interest of the
state
a' APPLY FOREI! LA" # when properl" pleaded and proved