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Conflict of Laws
Conflict of Laws
Conflicts of Law
Reaction Paper on Coquia’s Restatement of Conflicts of Laws
The Civil Code of the Philippines was enacted on June 18, 1949, from that
time on, a lot of modernizations, innovations and developments involving
foreign elements began to change the country’s system of laws. As the
country continues to develop and progress, certain laws are rendered
ineffective or worst, inapplicable. Thus, there is a pressing need for
restatement of the private international law or conflicts of law.
On Marriage, I believe that our country may consider approving the Divorce
Law. I personally, find no significant difference between annulment and
divorce. A divorce decree should be granted between a Filipino spouse who
obtained a foreign nationality and divorced his Filipino spouse otherwise; this
would result to an absurd situation. The right to choose a spouse for the rest
of one’s life cannot be left in the hands of the state. Indeed, the state has to
protect the sanctity of marriage but it doesn’t have to be at the extent of
depriving its citizens with their happiness. How can a married couple with
distrained relationship nurture a happy family? How can they portray their
roles as parents if they are always arguing with one another? If other states
can approve such divorce law then why can’t the Philippines?
On Choice of Law and Forum, The Philippine Civil Code has no specific
provision on this point, under the principle of freedom and contract; the
parties are free to choose the law which will govern their agreement and the
venue where the case may be filed. If no stipulation was made, it will be
based on the laws of the state that has the most significant relationship to
the transaction. Our country might as well add a specific provision regarding
this matter so that there would be no difficulty in determining or in proving
the substantial connections between the states which have the most
significant relationship.
With all the conflicting laws of states from one another, we must still feel
blessed, for without these conflicts there would be no room for improvement
and enhancement of laws that will be greatly beneficial to the constituents.
Conflict of Laws must be viewed from a different perspective. It does not
exist literally to create “conflicts”, but rather as a tool that will generate or
bring about creative ideas or laws that are in harmony with one another so
as to maintain peace and build a strong and progressive nation.
With all the rapid changes in the country, I believe that it is high time to
revisit our local laws especially the Civil Code which was primarily based on
Spanish influences and some laws which are derived from other nations such
as the America. Our laws must be overhauled and aligned in accordance with
our culture too so that Filipino Citizens can highly relate, assert and protect
their rights.
It might be possible that two states can never reconcile completely with one
another, but they can always meet half way. No win-lose situation but a win-
win one.