OUTLINE Conflict of Laws

1. Definition
• Philippine Conflict of Laws
• Composite legal systems
• Foreign element
2. Aims or Functions
3. Conflict of Laws v. Public International Law
4. Sources of Conflict of Laws
5. Preliminary Consideration
a. From point of view of Plaintiff
i. Choice of remedy; choice of forum
b. From point of view of court
i. Jurisdiction
ii. Concept and determination of which country has jurisdiction
iii. Alternatives when court has jurisdiction
iv. Forum non conveniens
1. requirements to invoke
2. requirements not to invoke
3. compared with choice of forum and remedies

6. Choice of Law
a. Preliminarily, characterization of factual situation and point of contract

Saudi Arabian Airlines v. CA GR No. 12219

Application of Internal or Domestic Law

a.) Law of forum expressly so provides
b.) Proper foreign law has not been properly pleaded and proved
-proof of foreign law
-processual presumption
c.) Exceptions to the application of foreign law

7. Instances When Foreign Law is Applied

-theories on why foreign law is applied
8. Foreign Judgment
a. Recognition
b. Enforcement
c. Effects

9. Nature and Composition of Conflicts Rules

-compared with purely internal rule
10. Characterization
11. Various Theories on Status and Capacity
a. Personal Law
b. Nationality Theory
c. Domiciliary Theory
d. Situs Theory
12. Renvoi