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JURISTS BAR REVIEW CENTER™

SUMMARY OF CIVIL LAW CONFLICT-OF-LAWS RULES


Atty. Fretti G. Ganchoon Pre-Week Review 9 November 2017

I. Family Relations

Issue Conflict-of-Laws Rule Legal Basis


1. Extrinsic validity of *Lex loci celebrationis Art. 26, 1st para.,
marriage subject to certain exceptions (e.g. Family Code
bigamous & incestuous marriages)
Exceptions:
Art. 35(1), (4), (5) & (6);
Arts. 36, 37 & 38, Family
Code
2. Intrinsic validity of marriage *Lex nationalii / domicilii Art. 15, Civil Code
*Lex loci celebrationis Art. 26, 1st para.,
subject to certain exceptions (e.g. Family Code
bigamous & incestuous marriages)
Exceptions:
Art. 35(1), (4), (5) & (6);
Arts. 36, 37 & 38, Family
Code
3. Personal relations between *Lex nationalii / domicilii Art. 15, Civil Code
spouses
4. Property relations between Art. 15, Civil Code
spouses Art. 80, Family Code
5. Grounds for annulment & *Lex loci celebrationis ~Art. 26, 1st para.,
declaration of nullity of  subject to certain exceptions (e.g. Family Code
marriage bigamous & incestuous marriages)
*Lex nationalii / domicilii  Exceptions:
Art. 35(1), (4), (5) & (6);
Arts. 36, 37 & 38, Civil
Code, Family Code
6. Divorce *Lex nationalii / domicilii Art. 26, 2nd para.,
Family Code
7. Grounds for legal Art. 15, Civil Code
separation
8. Paternity, Filiation, *Lex nationalii / domicilii of parents or Art. 15, Civil Code
Legitimacy father
9. Rights & duties between *Lex nationalii of parents or father Art. 15, Civil Code
parents & child
10. Adoption & legal effects *Lex nationalii of the adopted Secs. 16-18, RA 8552
(parental authority, legitimacy,
succession)

II. Property

Issue Conflict-of-Laws Rule Legal Basis


1. Extrinsic validity of *Lex situs / rei sitae Art. 16, 1st para., Civil
transaction subject to certain exceptions Code
2. Intrinsic validity of (succession)
nd
transaction  Exception: Art. 16, 2
para., Civil Code

III. Wills & Succession

Issue Conflict-of-Laws Rule Legal Basis


1-A. In PH: Comply w/ Civil Code Art. 17, Civil Code

Extrinsic validity of a will Abroad:

Summary of Civil Law Conflict-of-Laws Rules by Atty. Fretti G. Ganchoon for Jurists Bar Review Center ™. All rights reserved 2017 by Jurists Review
Center Inc. Unauthorized reproduction, use, or dissemination is strictly prohibited and shall be prosecuted to the full extent of the law, including
administrative complaints with the Office of the Bar Confidant, Supreme Court. Page 1 of 2
JURISTS BAR REVIEW CENTER™
SUMMARY OF CIVIL LAW CONFLICT-OF-LAWS RULES
Atty. Fretti G. Ganchoon Pre-Week Review 9 November 2017
executed by a Filipino
*Lex loci celebrationis Arts. 815 & 17, Civil
subject to certain exceptions (joint Code
wills)
*Lex nationalii Exception: Art. 818, Civil
Code

1-B. In PH or abroad: Arts. 817 & 17, Civil


Code
Extrinsic validity of a will *Lex nationalii / domicilii
executed by an alien *Lex loci celebrationis

2. Intrinsic validity of a will Lex nationalii / domicilii Art. 16, Civil Code
3-A. In PH: Abroad: Art. 829, Arts. 17,
Civil 829 Civil
Revocation of will by a Comply w/ *Lex loci actus Code Code
Filipino Civil Code *Lex nationalii /
3-B. domicilii
*Lex loci celebrationis
Revocation of will by an alien of the will

4. Intestate succession *Lex nationalii / domicilii Art. 16, Civil Code


5. Capacity to succeed *Lex nationalii / domicilii of decedent Art. 1039, Civil Code
6. Probate, Administration of *Lex fori Rules 77, 73-90,
estate Revised Rules of Court

IV. Contracts

Issue Conflict-of-Laws Rule Legal Basis


1. Extrinsic validity of contract *Lex loci celebrationis / contractus Art. 17(1), Civil Code

N.B.: Art. 1318, para. 2, Civil


Code (on acceptancemade
by telegram, etc.)
2. Capacity of parties *Lex nationalii / domicilii Art. 15, Civil Code
With exception (if contract involves real
st
or personal properties) Exception: Art. 16, 1 .
para., Civil Code
3. Intrinsic validity of contract *Lex loci contractus No specific legal
*Lex loci solutionis provision
*Lex loci voluntatis / intentionis ~Art. 1306, Civil Code
*Law of the State of the most significant
relationship

V. Torts & Damages

Rules: *Lex loci delicti commissi


*Law of the State of the most significant relationship

Note: If the tortious conduct spans two or more States, use the law of the State of the most
significant relationship (or the law of the State “where the over-all harm or the fatality of the
alleged injury to the person, reputation, social standing and human rights of the complainant,
had lodged” ~ Saudi Arabian Airlines vs. CA, 297 SCRA 469)

 Good Luck 

Summary of Civil Law Conflict-of-Laws Rules by Atty. Fretti G. Ganchoon for Jurists Bar Review Center ™. All rights reserved 2017 by Jurists Review
Center Inc. Unauthorized reproduction, use, or dissemination is strictly prohibited and shall be prosecuted to the full extent of the law, including
administrative complaints with the Office of the Bar Confidant, Supreme Court. Page 2 of 2