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Lex Loci Delicti (Law of The Place Where: Rules On Torts
Lex Loci Delicti (Law of The Place Where: Rules On Torts
Liability & damages for torts in Lex loci delicti (law of the place where
generalNOTE: The locus delicti (place of the delict was committed)NOTE: liability
commission of torts) is faced by the for foreign torts may be enforced in the
problem of characterization. In civil law RP if:
countries, the locus delicti is generally
where the act began; in common law
countries, it is where the act first became
1. The tort is not penal in character
effective
2. If the enforcement of the tortious
liability wont contravene our
public policy
Rules on Crimes
3. Real theory any state whose penal code has been violated has jurisdiction,
where the crime was committed inside or outside its territory
4. Protective theory any state whose national interests may be jeopardized has
jurisdiction so that it may protect itself
6. Passive personality theory the state of which the victim is a citizen or subject
has jurisdiction
5 Estafa or swindling thru false Where the object of the crime was
representation received (not where the false
representations were made)
Corporations
Validity of corporate acts & contracts Law of the place of incorporation & law of
(including ultra vires acts) the place of performance (the act or
contract must be authorized by BOTH
laws)
2. Law of the place or center of management (center for administration or siege social)
(center office principle)
Partnerships
The existence or non-existence of legal The personal law of the partnership, i.e.,
personality of the firm; the capacity to the law of the place where it was created
contract; liability of the firm & the partners (Article 15 of the Code of Commerce)
to 3rd persons (Subject to the exceptions given above
as in the case of corps.)
Creation of branches in the RP; validity & RP law (law of the place where branches
effect of the branches commercial were created) (Article 15, Code of
transaction; & the jurisdiction of the court Commerce)
Dissolution, winding up, & termination of RP law (Article 15, Code of Commerce)
branches in the RP