CONFLICT OF LAWS 20XX NOTES

FACTUAL SITUATION POINT OF CONTACT

STATUS
Beginning of personality of natural person National Law of the Child (A15)
Ways and effects of emancipation ^
Age of Majority ^
Use of Names/Surnames ^
Use of Titles /Nobility ^
Absence ^
Presumption of Death/Survivorship Lex Fori
USE OF NAMES AND SURNAMES
Legitimate child Surname of father
Adopted child ^ Adopter
Legitimated child ^ Father
Child conceived before decree of annulment of voidable marriage ^ Father
Illegitimate ^ Mother | XPN Unless expressly recognized by the father
Married woman (1) Maiden name + wifes surname + husbands surname
(2) Maiden name + husbands surname
(3) Husbands full name, with Mrs. Prefix
MARRIAGE AS A CONTRACT
ABROAD | FILIPINOS Lex Loci Celebrationis | (w/o prejudice to A26/A35(1)(4)(5)(6)/A36/A37/A38)
ABROAD | FOREIGNERS Lex Loci Celebrationis | XPN: Highly immoral OR universally incestuous
ABROAD | MIXED ^
IN PHILIPPINES | FOREIGNERS National Law (A21) |XPN: Highly immoral OR universally incestuous
IN PHILIPPINES | MIXED National Law of Filipino | XPN: Highly immoral OR universally incestuous
CELEBRATED BY PROXY Lex Loci Celebrationis
MARRIAGE AS A STATUS
Personal rights and obligations between husband and wife National Law of Husband
>>>Change in Nationality
(1) Both changes = New One
(2) One changes = Last Common Nationality
(3) No common nationality = National Law of the Husband
Property relations between husband and wife National Law of Husband | Change in Nationality = No Effect
ANNULMENT OF VOIDABLE MARRIAGE /// DECLARATION OF NULLITY OF VOID MARRIAGE
Grounds for Annulment / Grounds for Declaration of Nullity Lex Loci Celebrationis | XPN:exceptions under those grounds
ABSOLUTE DIVORCE
IN PHILIPPINES | EITHER FILIPINOS / FOREIGNERS Invalid
ABROAD | FILIPINOS National Law (Valid there, invalid here)
ABROAD | FOREIGNERS National Law (Valid there,valid here)
ABROAD | MIXED Apply each according to above, respectively
*Moslem Divorces applied differently
ABSOLUTE DIVORCE (II)
PHILIPPINE COURT | FILIPINO S Invalid
PHILIPPINE COURT | FOREIGNERS Invalid
PHILIPPINE COURT | MIXED Invalid
FOREIGN COURT | FILIPINOS Invalid
FOREIGN COURT | FOREIGNERS Valid | IF: (1) Jurisdiction (2) Valid under National Law of Parties
FOREIGN COURT | MIXED Allow |When obtained by foreign spouse
Deny validity of Divorce |When Filipino does not become a Foreigner
LEGAL SEPARATION
Grounds for Legal Separation National Law of the Parties
>>>Same Nationalities | Grounds of both national law
>>>Different Nationalities | Grounds of both nationalities are all proper grounds

*NO residence requirement | Cause occurs in Philippines

*1 YEAR residence requirement | Did not occur in Philippines
PATERNITY & FILIATION
Determining Legitimacy of Child National Law of Father
Legitimate ^ Father
Illegitimate ^ Mother
Determining whether status of adoption is created ^ Adopter
Procedural requirements | Adoption in the Philippines Philippine Law
Successional Rights of Adopted Child National Law of Deceased
Foreign decree of adoption Valid |IF: (1)Jurisdiction (2)Valid judgment (3)No collusion/ext.fraud
GUARDIANSHIP
Guardianship | Person Where ward domiciled
Guardianship | Property Where properties found
General Guardians BOTH of above
REAL & PERSONAL PROPERTIES
Real Property Situs
>Successional Rights to RP National Law of Deceased
>Capacity to Succeed in Inheritance National Law of Deceased
>Involving RP buy not dealing with title Law of the Contract
PRINCIPAL CONTRACT | Contracts given by way of security (ie: Loan) Law of the Contract
ACCESSORY CONTRACT | Contracts given by way of security (ie: Mortgage) Situs of Property
CHOSE IN POSSESSION
GENERAL RULE Situs of Chose |XPN: Same as provided in real properties
TRANSPORTATION | Vessels Law of the Flag/Place of Registry
TRANSPORTATION | Others Law of the Depot
GOODS IN TRANSIT | Loss Law of destination
GOODS IN TRANSIT | Validity and Effect of Seizure of Goods Locus Regit Actum - Where seized
GOODS IN TRANSIT | Disposition/Alienation of Goods Law of the Contract
CHOSE IN ACTION
Recovery of Debts Where debtor may be effectively served summons
Validity and Effectiveness of Voluntary Assignment of Debts Law of the Contract
Situs of debt for purposes of Taxation Domicile of creditor
Purposes of administering debts Situs of assets
Negotiability/Non- of an instrument Law of the Instrument
Sale of corporate shares | Corporation Place of Incorporation
Sale of corporate shares | Between Parties Law of the Contract
Taxation on Dividends Place of Incorporation
Franchises Law of the Place Granting It
Goodwil and Taxation of Business Where business is carried
Patents, Copyrights, Trademarks, Tradenames State that granted or recognized them
WILLS, SUCCESSION AND ADMINISTRATION (EXTRINISIC VALIDITY)
ABROAD | ALIEN Lex Nationalii/Domicilii (Art. 816) | Lex Celebrationis (Art. 17)
ABROAD | FILIPINO Lex Nationalii/Celebrationis (Art. 817)
PHILIPPINES | ALIEN Lex Nationalii/Celebrationis (Art. 815)
PHILIPPINES | FILIPINO Lex Nationalii (Civil Code)
JOINT WILLS | ABROAD | ALIEN Valid (Art. 816/817)
JOINT WILLS | ABROAD | FILIPINO Void (Art. 819)
JOINT WILLS | PHILIPPINES | ALIEN Void (Public Policy)
JOINT WILLS | PHILIPPINES | FILIPINO Void (Civil Code)
WILLS, SUCCESSION AND ADMINISTRATION (INSTRINSIC VALIDITY)
GENERAL RULE Lex Nationalii
REVOCATION OF WILLS
ABROAD | RESIDENT Lex Domicilii/Lex loci Actus (where revoked)
ABROAD | NON-RESIDENT Lex Celebrationis/Domicilii
PHILIPPINES | RESIDENT Philippine Law
PHILIPPINES | NON-RESIDENT Philippine Law
CAPACITY OF PARTIES TO CONTRACT
GENERAL RULE National Law
EXCEPTION | Alienation of Real and Personal Properties Situs
EXCEPTION | Contract entered into in Philippines Philippine Law
EXCEPTION | Performance in Philippines and Public Policy Philippine Law
INTRINSIC VALIDITY Law of the Contract
TORTS
LIABILITY AND DAMAGES Where committed (Lex Loci Delicti Commissi)

*Foreign torts may be enforced in the Philippines if:

(1) Not penal in character
(2) Not contrary to Public Policy
(3) If Judicial Machinery is adequate for enforcement
VESSEL | PUBLIC | HIGH SEAS & FOREIGN NATL WATERS Law of the Flag
VESSEL | PRIVATE/MERCHANT | HIGH SEAS Law of the Flag
VESSEL | PRIVATE/MERCHANT | TERRITORIAL WATERS Law of the Flag
COLLIDING VESSELS | SAME FLAG Where committed
COLLIDING VESSELS | DIFFERENT FLAG | SIMILAR LAWS Same Law
COLLIDING VESSELS | DIFFERENT FLAG | DIFFERENT LAWS General Maritime Law
MARITIME CRIMES
VESSEL | PUBLIC | HIGH SEAS & TERRITORIAL WATERS Law of the Flag
VESSEL | MERCHANT | HIGH SEAS Law of the Flag
VESSEL | MERCHANT | TERRITORIAL WATERS English Rule or French Rule |Philippines adheres to the English Rule
CRIMES
Essential Elements and Penalties Where committed
*Jurisdictional Theories
(1) Territorial Theory |Where committed
(2) Nationality or Personal Theory |Country which the criminal is a subject of
(3) Protective Theory | Whose National Interests may be jeopardized
(4) Real Theory |Whose Penal Code has been violated in/outside
(5) Cosmopolitan or Universality Theory |Where criminal is found/has his custody
(6) Passive Personality Theory | Country which the victim is a subject of
Frustrated/Consummated [Homicide/Murder/Etc] Where victim was injured
Attempted [Homicide/Murder/Etc] Where the victim was injured (not where the aggressor was situated)
Bigamy Where illegal marriage performed
Theft & Robbery Where property was unlawfully taken
Estafa/ Swindling Where object of the crime was received
Conspiracy to commit Treason/Rebellion/Sedition Where conspiracy was formed (not overt act)
Libel Where published or circulated
Contiuing Offense Any place where the offense begins,exists or continues
Complex Crimes Any place where essential elements of the crime took place
JUDICIAL PERSONS
Validity of Corporate Acts Law of the place of incorporation & where performed
Corporations right to sue & amenability to court processes Lex Fori
CORPORATION | LAW OF PLACE OF INCORPORATION Under the law where organized as an entity
CORPORATION | LAW OF PLACE OR CENTER OF MANAGEMENT Where technical work is done/Where headquarters or chief office is
CORPORATION | LAW OF PLACE OF EXPLOITATION Where principally affected by its activities
BRANCHES IN THE PHILIPPINES| Validity of Contracts/Transactions Philippine Law
BRANCHES IN THE PHILIPPINES| Dissolution, Winding Up, Termination
PARTNERSHIP | DOMICILE Place where legal representation is established / exercises principal functions
FOREIGN CORPORATION | NOT DOING BUSINESS >Transports merchandise to Philippines although vessel chartered to transport rice
>Owns controlling interest of a domestic corporation (even when it tries to sell its own
shares)
>Resident agent entered into contract of sale of goods
>Sells its goods through resident merchant on commission basis
>Takes part of bidding in the Philippines
FOREIGN CORPORATION | DOING BUSINESS >Sells its goods in the Philippines through an exclusive distributing agent
*Not frequency but on principal character of the business >Sells its goods through a resident agent whose business is to solicit orders and sell
corporate goods
>Issues marine policies abroad to cover Philippine-bound cargo, makes policies payable in
PH and appoints an agent here
SPECIFIC CONTRACTS
CONTRACT EXTRINISIC VALIDITY INTRINSIC VALIDITY
Sales and Barter Lex Situs
Lease of Property Lex Situs
Lease of Services Lex Loci Celebrationis Lex Voluntais
Contract of Common Carriage of Goods Situs of Carrier Situs of Carrier
Contract of Agency Lex Loci Celebrationis (XPN: conveyance) Lex Voluntais (XPN: conveyance)
Simple Loan (Mutuum) Lex Loci Celebrationis Lex Voluntais
Commodatum Lex Situs
Pledge, Chattel, Real Mortgage, Anti-Chresis Lex Situs
Guaranty and Suretyship Lex Loci Celebrationis Lex Voluntais
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