Professional Documents
Culture Documents
General Rule: The law of one country has no effect of its own force
beyond the limits of its sovereignty from which its authority is
derived; and that the obligation of every law is confined to the
state in which it is established and can attach only to those who are
its citizens and others within its territorial jurisdiction.
CONFLICT OF LAWS
Lex Fori (law of the forum) where the case is filed, where
the transaction took place, where the wrong causing
damage/injury occurred.
Lex Loci Actus (where the act was done)
Lex Loci Celebrationis (where the contract was entered into)
Lex Loci Contractus decides the essential validity of the
contract; system of law to which the transaction has the
closest and most real connection.
Lex Loci Delictus (where the offense or wrong took place)
Lex Loci Domicilii (law of the place of domicile of the person)
Lex Loci Rei Sitae (where the thing is situated)
Kilberg Doctrine forum is not bound by the law of the place
of injury or death as to the limitation of damages for the
wrongful act as this is procedural, hence the law of the
forum governs the issue.
Center of Gravity Doctrine/Most Significant Relationship
Theory/Grouping of Contacts application of the law of the
jurisdiction which has the most significant relationship to or
contact with event, parties to the litigation and issues
therein.
Two Remedies:
1. Action filed in Philippine courts by a citizen or an aggrieved
person; and
2. Recognition and enforcement of foreign judgment (petition
or complaint filed in the Philippines by the prevailing party.
Rights acquired under a foreign statute are enforceable in
the Philippines, in comity, if not against public policy.
The law of the country where the right was acquired or the
liability was incurred will govern the right of action; the law
of the country where the case was filed will govern the all
that pertain to the remedy.
The cause of action is transitory, not local.
Defendant is entitled to benefits of whatever
conditions and limitations the foreign law creates.
The enforcement of a right which accrued in a foreign
country or the execution of a foreign judgment is an
extraterritorial application of a foreign law. Such country
may expressly or impliedly consent thereto. XPN: 1)
countrys prohibitive laws; and 2) Public policies provide
otherwise.
Sources of Conflicts of Law:
1. Constitution;
2.
3.
4.
5.
6.
7.
Chapter 2
A nation possesses and exercises within its territory an absolute
and exclusive jurisdiction.
GR: Foreign law has no extraterritorial effect in the Philippines.
XPN:
1. Express consent:
a. Local law adopting a foreign law
b. Pointing to the foreign law as the applicable law
(Article 17 of the Civil Code.
c. Entering into a treaty or adhering to an international
convention