CHAPTER V

NATURE AND COMPOSITION OF CONFLICT RULES

CONFLICT RULES
-

Provisions found in a countrys own law which govern factual

situation possessed of a foreign element

Examples:

Art. 815 (Filipino in foreign country will)

Art. 1039 (Capacity to succeed)
Art/ 1753 (transport of goods)

KINDS OF CONFLIC RULES

a. The One-Sided Rule (Unilateral Rule)
o Which indicates when Philippine internal law will apply
-

Example:

Art. 15 Civil Code:

Laws relating to family rights and duties, or

the status, condition, and legal capacity of
persons are binding upon citizens of the
Philippines, even though living abroad.
o Although one-sided, the Supreme
Court
gives
it
more
extensive
application by judicial construction it
become all sided.
o Analogy, reciprocity and convenience
are the reasons for interpretation.

b. The All-Sided Rule (Multilateral Rule)

o Which indicates when foreign law is to be applied

-

Example:

Art. 16, Civil Code:

However,
intestate
and
testamentary
succession, both with respect to the order of
succession
and
to
the
amount
of
successional rights and to the intrinsic
validity of testamentary provisions, shall be
regulated by the NATIONAL LAW of the
person
whose
succession
is
under
consideration, whatever may be the nature
of the property and regardless of the
country wherein the said property maybe
found.

COMPOSITION OF CONFLICT RULES

a. The factual situation
o The set of facts presenting a conflict problem.
b. The point of contact or the connecting factor
o The law of the country with which the factual situation is
most intimately connected.
-

Example:
o Art. 1039, Civil Code
o Capacity to succeed is governed by the law of the
nation of the decedent.

Capacity to succeed -- factual situation

Law of the nation of the decedent point of
contact