Professional Documents
Culture Documents
Conflict of Laws
Conflict of Laws
Memory Aid
CONFLICTS OF LAWS; efinition:
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, d, !onflict of "aws, #1$.
. That part of municipal law of a state which directs its
courts and administrative agencies, when confronted with
a legal problem involving a foreign element, whether or
not the% should appl% a foreign law&s ('aras$.
ISTIN!"IS#$ F%OM &"'LIC INT$%NATIONAL
LAW
'ASIS CONFLICT OF LAW LAW OF NATIONS
1
(ature )unicipal in character *nternational in
character
'ersons
involved
+ealt with b% private
individuals, governs
individuals in their
private transactions
which involve a foreign
element
-overeign states and
other entities possessing
international
personalit%, e.g., .(,
governs states in their
relationships amongst
themselves
/
Transactions
involved
'rivate transactions
between private
individuals
0enerall% affected b%
public interest, those in
general are of interest
onl% to sovereign states
1
2emedies 2esort to municipal )a% be peaceful or
1
and
-anctions
tribunals forcible
'eaceful: includes
diplomatic negotiation,
tender 3 e4ercise of
good offices, mediation,
in5uir% 3 conciliation,
arbitration, 6udicial
settlement b% *!J,
reference to regional
agencies
7orcible: includes
severance of diplomatic
relations, retorsions,
reprisals, embargo,
bo%cott, non8
intercourse, pacific
bloc9ades, collective
measures under the .(
!harter, and war.
SO"%C$S(
+irect:
1. !onstitutions
. !odifications
1. -pecial "aws
:a%s 3 effects of
emancipation
-ame
/
Age of ma6orit% -ame
1
.se of names and surnames -ame
?
.se of titles of nobilit% -ame
6
Absence -ame
A
'resumptive death 3
survivorship
Lex fori (Article 1/, /CD, /C1,
!!, 2ule 1/1 #? E66F, 2ules of
!ourt$
G
%*les on Marria/e as a Contract
FACT"AL SIT"ATION &OINT OF CONTACT
!elebrated
Abroad
Between 7ilipinos Lex loci celebrationis is
without pre6udice to the
e4ceptions under Articles
?, /? (1, 1, ? 3 6$, /6, /A
3 /G of the 7amil% !ode
(bigamous 3 incestuous
marriages$ 3 consular
marriages
Between 7oreigners Lex loci celebrationis
EXCEPT if the marriage is:
1. Highl% immoral (li9e
bigamous&
pol%gamous
marriages$
. .niversall%
considered incestuous
(between brother8
sister, and ascendants8
descendants$
)i4ed Appl% 1 (b$ to uphold
validit% of marriage
!elebrated
in 2'
Between 7oreigners (ational law (Article 1,
7!$ '2IJ*+@+ the
marriage is not highl%
immoral or universall%
considered incestuous$
)i4ed (ational law of 7ilipino
(otherwise public polic%
C
ma% be militated against$
)arriage b% pro4%
(NOTE: a marriage b%
pro4% is considered
celebrated where the
pro4% appears
Lex loci celebrationis (with
pre6udice to the foregoing
rules$
%*les on Marria/e as a Stat*s
FACT"AL SIT"ATION &OINT OF CONTACT
1
'ersonal rights 3 obligations
between husband 3 wife
(ational of husband
(Note: @ffect of subse5uent
change of nationalit%:
1. *f both will have a new
nationalit% ; the new one
. *f onl% one will change ;
the last common
nationalit%
/. *f no common nationalit%
; nationalit% of husband
at the time of wedding$
)eans of Transportation
Jessels "aw of the flag (or in some
cases, place of registr%$
Ither means "aw of the depot (storage
place for supplies or resting
place$
/
Things in transitu (these things
have a changing status because
the% move$
"oss, destruction, deterioration "aw of the destination
(Article. 1A?/, !!$
Jalidit% 3 effect of the seizure of
the goods
Locus regit actum (where
seized$ ; because said place
is their temporar% situs
+isposition or alienage of the
goods
Lex loci volutantis or lex loci
intentionis ; because here
there is a contract
FACT"AL SIT"ATION &OINT OF CONTACT
INTan/I'L$ &$%SONAL
&%O&$%T0 (C#OS$S IN
ACTION$
1
1
2ecover% of debts or
involuntar% assignment of debts
(garnishment$
:here debtor ma% be
effectivel% served with
summons (usuall% the
domicile$