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CONFLICT OF LAWS Transactions involved Private transactions between private individuals Resort to municipal tribunals Generally affected by public interest; those in general are of interest only to sovereign States May be peaceful or forcible Peaceful: includes diplomatic negotiation, tender & exercise of good offices, mediation, inquiry & conciliation, arbitration, judicial settlement by ICJ, reference to regional agencies Forcible: includes severance of diplomatic relations, retorsions, reprisals, embargo, boycott, non-intercourse, pacific blockades, collective measures under the UN Charter, and war. Custom, Treaty and General Principles of law, recognized by civilized nations and juridical decisions and teachings of the most highly qualified publicists
CHAPTER 1: GENERAL PROVISIONS PRIVATE INTERNATIONAL LAW That part of the law of each State or nation which determines whether, in dealing with a legal situation, the law or some other State or nation will be recognized, given effect, or applied (16 Am Jur, 2d, Conflict of Laws, 1). That part of municipal law of a State which directs its courts and administrative agencies, when confronted with a legal problem involving a foreign element, whether or not they should apply a foreign law/s (Paras). NOTE: A factual situation that cuts across territorial lines and is affected by diverse laws of two or more States is said to contain a foreign element.
FUNCTIONS OF CONFLICT OF LAW RULES 1. To proscribe the conditions under which a court or agency is competent to entertain a suit or proceeding involving facts containing a foreign element; 2. To determine the extent, validity and enforceability of foreign judgment 3. To determine for each class of cases the particular system if law by reference to which the rights of the parties must be ascertained DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW BASIS Nature Persons involved CONFLICT OF
LAW
Sources
LAW OF NATIONS
Municipal in International in QuickTime and a TIFF (Uncompressecharacter d) decompressor character are needed to see this picture. Dealt with by Sovereign States private and other entities individuals; possessing governs international individuals in personality, e.g., their private UN; governs transactions States in their which involve relationships a foreign amongst element themselves
Generally derived from the internal law of the state; except any conflict of law question governed by a treaty
SOURCES OF CONFLICT OF LAWS Direct Constitutions Codifications Special Laws International Customs Indirect Natural Moral Law Work of Writers
Head: Joy Ponsaran, Eleanor Mateo; Understudy: Joy Tajan, John Paul Lim; Subject Head: Laarni Pichay;
2. DISMISS THE CASE ON THE GROUND OF FORUM NON-CONVENIENS. DOCTRINE OF FORUM NON-CONVENIENS A forum may resist imposition upon its jurisdiction even when jurisdiction is authorized by law on the ground that the forum is inconvenient or the ends of justice would be best served by trial in another forum or the controversy may be more suitably tried elsewhere ELEMENTS a. The forum State is one to which the parties may conveniently resort to; b. It is in a position to make an intelligent decision as to the law and the facts; and c. It has or is likely to have power to enforce its decision.
1. 2. 3.
3. ASSUME JURISDICTION AND APPLY THE FORUM LAW MINIMUM CONTACTS TEST AND FUNDAMENTAL FAIRNESS TEST Due process requires only that in order to subject a defendant to a judgment in personam, if he is not present within the territory of the forum he should have certain minimum contacts with it such that the maintenance of the suit does not offend traditional notions fair play and substantial justice. In both in rem and quasi-in rem, all that due process requires is that defendant be given adequate notice and opportunity to be heard which are met by service of summons by publication. INSTANCES WHEN INTERNAL LAW SHOULD BE APPLIED:
a.
A specific law of the forum decrees that internal law should apply EXAMPLES: i. Article. 16 of the Civil Code - real and personal property subject to the law of the country where they are situated and testamentary succession governed by lex nationalii ii. Article 829 of the Civil Code - makes revocation done outside Philippines valid according to law of the place where will was made or lex domicilii iii. Article 819 of the Civil Code - prohibits Filipinos from making joint wills even if valid in foreign country The proper foreign law was not properly pleaded and proved NOTE: As a general rule, courts do not take judicial notice of foreign laws; foreign laws must be pleaded and proved The following actions may be resorted in case of
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LONG-ARM STATUTES
QuickTime and a (Uncompressed) decompressor Statutes whichTIFF specify the kinds of contacts are needed to see this picture. which jurisdiction will be asserted over a defendant outside of state territory.
b.
JURISDICTION OVER THE SUBJECT MATTER Jurisdiction over the subject matter is conferred by law
As a general rule, no rule of Private International Law would be violated if the courts should decide to dispose of cases, according to the internal law of the forum EXCEPT: Where a foreign, sovereign, diplomatic official, or public vessel or property of another state is involved, or where a state has by treaty, accepted limitations upon its jurisdiction over certain persons or things.
REQUISITES FOR RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS 1. Foreign judgment was rendered by a judicial or a quasi-judicial tribunal which had competent jurisdiction over the parties and the case in the proper judicial proceedings in which the defendant shall have be given reasonable notice and the opportunity to be heard. 2. It must be a judgment on civil and commercial matters. 3. The judgment must be valid according to the court that delivered it; 4. Judgment must be final and executory to constitute res judicata in another action; ELEMENTS: The judgment must be a. Final b. Rendered by a competent court c. On the Merits d. Involve the same parties, subject matter and cause of action. 5. Foreign judgment must not be contrary to the public policy or the good morals of the State
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THEORIES WHY FOREIGN LAW SHOULD BE GIVEN EFFECT: 1. Theory of Comity foreign law is applied because of its convenience & because we want QuickTime and a TIFF (Uncompressed) decompressor residents, & to give protection to our citizens, are needed to see this picture. transients in our land 2. Theory of Vested Rights we seek to enforce not foreign law itself but the rights that have been vested under such foreign law; an act done in another State may give rise to the existence of a right if the laws of that State crated such right. 3. Theory of Local Law- we apply foreign law not because it is foreign, but because our laws, by applying similar rules, require us to do so; hence,
STATUTE OF LIMITATIONS DISTINCTION BETWEEN ENFORCEMENT RECOGNITION AND 1. Substantive When the limitation was directed ENFORCEMENT OF FOREIGN JUDGMENT Plaintiff wants courts to positively carry out and make effective in the State a foreign judgment Virtually implies a direct act of sovereignty Necessitates a separate action or proceeding brought precisely to make the foreign judgment effective May exist without Necessarily carries with enforcement it recognition For BOTH recognition and enforcement, proof of the foreign judgment has to be presented. Moreover, the requisites or conditions for the recognition or enforcement of foreign judgments must be present. to the newly created liability specifically to warrant a qualification of the right 2. Procedural If it operates to bar the legal remedy without impairing the substantive right involved. NOTE: Borrowing statutes direct the state of the forum to apply the foreign statute of limitations to the pending claim based on a foreign law (treats the statute of limitations as a substantive law) RECOGNITION OF FOREIGN JUDGMENT Courts will allow the foreign judgment to be presented as a defense to a local litigation Involves merely the sense of justice Does not require either an action or a special proceeding
PROOF OF FOREIGN LAWS 1. Written Law a. By written publication b. Copy attested to by the officer having custody accompanied with a certificate that such officer has the custody and sealed by the appropriate public officer (section 24 rule 132 of the Revised Rules of Court) 2. Unwritten Law By the oral testimony of expert witnesses or writings of jurists EFFECTS OF FOREIGN JUDGMENTS Under the Rules of Court, in case of a judgment against a specific thing, the judgment is conclusive upon the title of the thing. In case of a judgment against a person, the judgment is presumptive evidence of a right as between the parties and their successors-ininterest by a subsequent title; but the judgment may be repelled by evidence of want of jurisdiction, want of notice to the party, collusion, or clear mistake of law or fact. CHAPTER 5: CHARACTERIZATION The process by which a court at the beginning of the choice of law process assigns a disputed question to the proper area in substantive law
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DEPECAGE The phenomenon where the different aspects of the case involving a foreign element may be governed by different systems of laws.
STAGES IN CHARACTERIZATION: 1. 2. 3. 4.
Determination of the factual situation Characterization of the factual situation Determination of the applicable Conflicts rule Characterization of the Point of Contact or the Connecting Factor 5. Determination between procedural and substantial matter 6. Pleading and Proving of the proper law
TESTS OR FACTORS TO DETERMINE POINTS OF CONTACT: Circumstances which may serve as the possible test for the determination of applicable law:
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NATIONALITY LAW THEORY The Philippines adheres to the nationality law theory. Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. PROBLEMS IN APPLYING THE NATIONALITY PRINCIPLE
DOMICILE 1. 2. Is that place where a person has certain settled, fixed, legal relations because: it is assigned to him by law at the MOMENT OF BIRTH (domicile of origin) It is assigned to him by law AFTER BIRTH on account of legal disability caused for instance by minority, insanity or marriage in the case of a woman (constructive domicile or domicile by operation of law) he has a HOME there that to which whenever
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3.
GENERAL RULES ON DOMICILE: 1. No natural person must ever be without a domicile 2. No person can have two or more domiciles at the same time, except for certain purposes, and from different legal viewpoints 3. Every sui juris may change his domicile 4. Once acquired, it remains the domicile unless a new one is obtained: a. By capacitated persons b. With freedom of choice c. With actual physical presence d. And Provable intent that it should be ones fixed and permanent place of abode, there should be animus manendi (intent to remain) or animus nonrevertendi (intent not to return) 5. The presumption is in favor of the continuance of domicile. The burden of Proof is on the one who alleges that a change of domicile has taken place. Vellila v. Posadas abandonment of ones domicile required deliberate and provable choice of a new domicile, coupled with actual residence in the place chosen, with a declared or provable intent that it should be ones fixed and permanent place of abode
SITUS OR ECLECTIC THEORY The capacity, legal condition, or status of an individual should be governed by the law of the place where an important element of the problem occurs or is situated. CHAPTER 7: RENVOI A procedure whereby a legal matter is referred by QuickTime and a TIFF (Uncompressed) decompressor the conflict of laws rules of the forum to a foreign are needed to see this picture. state, the conflict of laws rule of which, in turn refers the matter back to the law of the forum (remission) or a third state (transmission).
SOLUTIONS TO THE RENVOI 1. Reject the renvoi If the conflicts rules of the forum refer the case to the law of another state, it is deemed to mean only the internal law of that state. Thus, the court
CHARACTERISTICS OF STATUS 1. Status is conferred principally by the state not by the individual. 2. Status is a matter or public or social interest. 3. Status being a concept of social order, cannot easily be terminated at the mere will or desire of the parties concerned. 4. Status is generally supposed to have a universal character: when a certain status is created by law of one country, it is GENERALLY judicially recognized all over the world. CHAPTER 9: RULES ON MARRIAGE MARRIAGE AS A CONTRACT Marriage as a contract has two kinds of requisites: 1. Formal generally do NOT affect the validity of the marriage. Art 3 of the Family Code provides for three formal requisites namely: a. authority of the solemnizing officer b. marriage license c. marriage ceremony where the contracting parties appear before the solemnizing officer. 2. Essential affects the validity of the marriage; QuickTime and a prescribes two Art 2 of the Family Code TIFF (Uncompressed) decompressor are to needed to see this picture. essential requisites marriage: a. legal capacity of the contracting parties who must be male and female b. consent freely given in the presence of a solemnizing officer. THEORIES ON THE FORMAL REQUISITES OF MARRIAGE 1. Compulsory theory It is imperative for the
Between Foreigners
Mixed
Between Foreigners
Mixed
RULES GOVERNING EXTRINSIC VALIDITY GENERAL RULE: lex loci celebrationis 1. All states recognize as valid those marriages celebrated in foreign countries if they comply with the formalities prescribed therein (Hague Convention) 2. The forms and solemnities of contracts, wills and other public instruments shall be governed by the laws of the country in which they were executed (Article 17, Civil Code) 3. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized and valid there as such shall also be valid in this country (Article 26, Family Code) EXCEPTIONS: The following are void marriages between Filipinos even if valid in the foreign country where celebrated or in case of mixed marriages celebrated in the Philippines: a. When either or both parties are below 18 years of age even with parental consent; b. Bigamous and polygamous marriages; c. Mistake as to identity of a contracting party; d. A subsequent marriage performed without recording in the Civil Registry the judgment of annulment or declaration of nullity, partition and distribution of properties and the delivery of childrens presumptive legitimes; e. Marriages where either spouse is psychologically incapacitated; f. Incestuous marriages; and g. Void marriages by reason of public policy. NOTE: These exceptions put into issue the capacity of the partiesQuickTime to enter the marriage and into a (Uncompressed) decompressor and thereforeTIFF relate to the substantive are needed to see this picture. requirement for marriage. Since the personal law of the parties, e.g., the national law of Filipinos, governs the questions of intrinsic validity of marriages between the Filipinos abroad, the above enumerations are exceptions to lex loci celebrationis precisely because they are controlled by lex nationalii.
CHAPTER 10: ANNULMENT/ DECLARATION OF NULLITY/LEGAL SEPARATION ANULLMENT/DECLARATION OF NULLITY Grounds for annulment (if the marriage is voidable merely) and grounds for declaration of nullity (if the marriage is void ab initio) are governed by the law alleged to have been violated; in other words, it is the law of the place of celebration (lex loci celebrationis) subject to certain exceptions, that furnishes the grounds. 1. Jurisdiction to annul in practically all civil countries following the nationality principle, nationals of the forum are permitted to sue for annulment irrespective of their domicile. In many countries today however, jurisdiction is vested in the court of the domicile of the parties. Jurisdiction over the non-resident defendant is not essential. It is the status of the plaintiff that is in issue. He should be domiciled in the forum. 2. The governing law lex loci celebrationis (of the marriage) determines the consequences of any defect to form. Generally, the same applies with reference to substantive or intrinsic validity. But with regard to capacity of the parties to marry, their national law is determinative. ABSOLUTE DIVORCE GENERAL RULE: our courts only observe relative divorce (legal separation). Any divorce sought in Philippine courts will not be granted. Filipino couples cannot obtain absolute divorces abroad and neither shall a valid divorce obtained abroad by Filipino couples be recognized here.
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LEGAL SEPARATION There is no obstacle to aliens in securing relative divorce in the Philippines, provided: 1. Their national law is willing to recognize Philippine jurisdiction. 2. Separation is agreeable to the internal law of the national state of the parties. NOTE: Grounds for Legal separation are the cumulative grounds provided by the national law of the parties (lex nationalii).
FACTUAL SITUATION 1) Paternity and Filiation (including Parental Authority and Reciprocal Support) legitimacy, legitimation, recognition, presumptions of legitimacy, rights and obligations of parents and children, including parental authority, and reciprocal support.
POINT OF CONTACT 1) if legitimate national law of the father (Art 15, Civil Code) 2) if illegitimate national law of the mother unless recognized by the father in which case, national law of the father (Art 15, Civil Code) 3) determination of whether legitimate or illegitimate (national law of the father, as a rule) (Art. 15, Civil Code) Doctrine of Immutability of Status change of parents nationality does not affect the status of the child 2) in general, national law of the adopter NOTE: In the Philippines. adoption by a Filipino does not confer Filipino citizenship on an adopted alien child.
(Uncompressed) decompressor EXCEPTIONS: TIFF are needed to see this picture. 1. Valid divorce obtained abroad between foreigners whose national laws allow divorce. 2. Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. Hague Convention provides that the granting of
2. Adoption creation of the status of adoption; rights and obligations of adopter and adopted 3. Guardianship a) over the person 1) appointing
GOVERNING LAW ON THE LEGITIMACY OF A CHILD: The legitimacy of the child is determined by the national law of the parents. If the parents belong to different nationalities, legitimacy of the child is determined by the national law of the male parent. NOTE: Presumptions of Legitimacy are not mere rules of evidence but are considered as substantive law, hence governed as well by the national law of the male parent. RIGHTS OF A LEGITIMATE CHILD: 1. To bear the surname of the father and the mother 2. receive support from their parents, brothers and sisters, in proper cases; 3. to the legitime and other successional rights. NOTE: The law governing the capacity to succeed and the amount of successional rights of the legitimate children are governed by the national law of the decedent. LEGITIMATION Legitimation is the act QuickTime by which a person not born and a TIFF (Uncompressed) decompressor legitimate, is placed upon the same footing as a are needed to see this picture. legitimate child. LAWS REGULATING RELATIONS BETWEEN GOVERNING LAW: The National law of the male parent at the time of the marriage shall govern: a. Whether legitimation has been effected b. Whether or not the legitimation will have retroactive effect c. Other connected matters
RIGHTS AND OBLIGATIONS INVOLVED UNDER PHILIPPINE LAWS INCLUDE: 1. 2. 3. 4. Personal Care Parental Authority Provide for Education Reciprocal Support BETWEEN
Relations between the mother and the illegitimate child are governed by the mothers personal law. If the child is later legitimated, personal law of the child follows that of the father.
RIGHTS OF AN ILLEGITIMATE CHILD 1. To use the surname of the mother 2. To Support 3. To Legitime ADOPTION Adoption an act which renders a child legitimate in relation to the adopting parents, to whom the child may or may not be related. 1. Jurisdiction to Grant Adoption The Philippine Courts shall have jurisdiction to grant petition for adoption but must apply the lex fori with respect to procedural matters. Capacity of Aliens to Adopt According to Salonga, the cumulative substantive requirements of the forum and of the national law of the adopter must be complied with.
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2.
Other means Things in transitu (these things have a changing status because they move) Loss, destruction, deterioration Validity & effect of the seizure of the goods Disposition or alienage of the goods
Law of the destination (Article. 1753, CC) Locus regit actum (where seized) because said place is their temporary situs Lex loci volutantis or lex loci intentionis because here there is a contract
INTANGIBLE PERSONAL PROPERTY INTANGIBLE PERSONAL PROPERTY (CHOSES IN ACTION) FACTUAL SITUATION POINT OF CONTACT Where debtor may be Recovery of debts or effectively served with summons (usually the involuntary assignment of domicile) debts (garnishment) Lex loci voluntatis or lex Voluntary assignment of loci intentionis (proper law debts of the contract) Taxation of debts Administration of debts Domicile of creditor Lex situs of assets of the debtor (for these assets can be held liable for the debts) The right embodied in the instrument (for example, in the case of a Swedish bill of exchange, Swedish law determines its negotiability) In general, situs of the instrument at the time of transfer, delivery or negotiation Law of the place incorporation
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1. Voluntary transfers of interests in chattels (other than assignment for the benefit of creditors) validity and effect of conveyance as between the parties are determined by the local law of the State which, with respect to the particular issue, has the most significant relationship to the parties. 2. Acquisitions of title QuickTime by operation of law (e.g. and a TIFF (Uncompressed) decompressor acquisition by prescription or adverse are needed to see this picture. possession, validity and priority of attachments, levied of execution, statutory liens) governed by lex situs. TANGIBLE PERSONAL PROPERTY (CHOSES IN POSSESSION) FACTUAL SITUATION POINT OF CONTACT
Taxation on the dividends of corporate shares Taxation on the income from the sale of corporate shares Franchises Goodwill of the business & taxation thereto Patents, copyrights, trademarks, trade names
Lex loci voluntatis or lex loci intentionis (proper law of the contract) for this is really a contract; usually this is the place where the certificate is delivered) Law of the place of incorporation Law of the place where the sale was consummated
INTRINSIC VALIDITY OF WILLS Law of the place that granted them Law of the place where the business is carried on In the absence of a treaty, they are protected only by the State that granted them NOTE: foreigners may sue for infringement of trademarks and trade names in the RP ONLY IF Filipinos are granted reciprocal concessions in the State of the foreigners It concerns itself with the order of succession, the amount of successional rights, and the intrinsic validity of the provisions of the will. It is governed by the national law of the person whose will is under consideration in force at the time of death. Capacity to succeed law of the nation of the decedent (Art. 1039, Civil Code)
THEORIES ON THE PROPER LAW FOR THE TRANSMISSION OF SUCCESSIONAL RIGHTS 1. Unitary or single system one law governs the transmission of BOTH real and personal property. 2. Split or scission system one law governs real property while another determines successional rights to personal property.
CHAPTER 13: WILLS, SUCCESSION & ADMINISTRATION OF CONFLICT RULES EXTRINSIC VALIDITY OF WILLS Deals with the forms and solemnities in the making of wills.
Caduciary rights refer to the right of the state to claim thru escheat proceedings the properties within its territory of a decedent when the decedent is not survived by any heirs. REVOCATION OF WILLS 1. Done in the Philippines - Lex loci actus (of the revocation) (Article. 829) 2. Done outside of the Philippines: a. By a non-domiciliary i. Lex loci celebrationis (of the making of the will, NOT revocation) ii. Lex domicilii (Article 829) b. By a domiciliary of the RP i. Lex domicilii (RP law) ii. Lex loci actus (of the revocation) (Article 17) PROBATE OF WILLS
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GOVERNING LAWS 1. If the Testator is a FILIPINO QuickTime and a (Uncompressed) decompressor a. Executed inTIFF Philippines Philippine law are needed to see this picture. b. Executed in foreign country i. Lex nationalii ii. Lex loci celebrationis (Article 817) 2. If the Testator is an ALIEN a. Executed in the Philippines i. Lex nationalii ii. Lex loci celebrationis (Article 815) b. Executed abroad i. Lex nationalii
2.
EXECUTORS AND ADMINISTRATORS 1. The executor is qualified, and the administrator is appointed, by the Court of the place where the deceased was domiciled at the time of death; or in the case of a non-domiciliary, where the assets or properties of the deceased are found. 2. Their rights, powers and obligations are coextensive with the qualifying of the appointing court powers may only be exercised within the territorial jurisdiction of the court concerned. NOTE: these rules also apply to principal, domiciliary, or ancillary administrators & receivers even in non-successive cases CHAPTER 14: RULES ON CONTRACTS EXTRINSIC VALIDITY OF CONTRACTS Governed by lex loci celebrationis EXCEPTIONS: 1. Alienation & encumbrance of property - Lex situs (Article 16 [1]) 2. Consular contracts - Law of the RP (if made in RP consulates)
Rule on Validation parties entering into a contract upon equal terms intended their agreement to be binding, and the law will give effect on their intent whenever it can do so under any law whose application the parties can be reasonably be assumed to have taken into account. QuickTime and a
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The rule on validation especially becomes significant in cases involving multi-states contacts and there is difficulty determining where exactly the contract has been celebrated.
1. Common law theory looks to the place where the last event necessary to make an actor liable for an alleged tort occurs (where the injury is sustained) 2. Civil law theory view the situs of torts as the place where the tortuous act was committed. OBLIGATION THEORY The tortuous act gives rise to an obligation, which is transitory and follows the person committing the tortuous act and may be enforced wherever he may be found.
1. Choice of Forum Clause Parties may stipulate on the venue of the suit in case of litigation concerning the contract. However, a case arising from a contract will be litigated in the forum chosen by the parties if the choice of the forum clause specifically identifies it as the only venue. When there is no fraud or overreaching, and there is no showing that the choice of forum clause would be unreasonable and unjust, the clause must be given effect. Pakistan International Airlines v. Ople The Supreme Court held that where the relationship between the parties is affected with public interest and the multiple and substantive contacts of the contracts are with Philippine law, Philippine Courts and agency may not be ousted of their jurisdiction. 2. Contracts with Arbitration Clause Many courts apply to arbitration agreements the law of whatever place the parties have designated as governing, thus QuickTime and a sustaining their TIFF (Uncompressed) decompressor agreement to arbitrate. are needed to see this picture. 3. Adhesion Contracts When there is no proof of arbitrariness, abuse of power, or gross negligence, the contract or stipulation will be enforced.
MODERN THEORIES IN TORT LIABILITY 1. Doctrine of Elective Concurrence Either the laws of the state where the actor engaged in his conduct and where the injury was incurred may be invoked. 2. Theory of Most Significant Relationship The applicable law shall be the law of the country which has the most significant relationship to the situation. In determining the state which has the most significant relationship, the following factors are to be taken into account: a. place where the injury occurred b. place of conduct causing the injury c. domicile, residence, nationality, place of incorporation and place of business d. place where relationship between the parties is centered 3. State-interest Analysis This principle provides for the following methodology: a. Determine false or spurious conflicts (i.e., internal laws of the different states have the same result or when only one state has an interest in applying its tort law. b. If there is True Conflict: i. If Interested Forum apply the law of such State which has greater interest in upholding its tort law. ii. If Disinterested forum Dismiss on the ground of Non Forum Conveniens. 4. Cavers Principle of Preference guideline on which rules on torts may be applied by States in absence of statutory provision:
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Le Forest v. Tolman In order to successfully maintain an action of tort, the act which is the cause of the injury and the foundation of the action must at least be actionable or punishable by the law of the place in which it was done, if not also by the law of the place here redress is so ght
CHAPTER IV: CRIMES PHILIPPINE RULE Salonga suggests for the following methodology in solving Torts Problems in the Phils: a. Ascertain and weigh the purpose underlying the tort law of the forum. If the Tort law of the Philippines embodies a social or economic policy, then the law of the forum on Torts shall be applied. b. If the Philippines has no concern or interest in the application of the internal law and the other States have interest, apply the law of such state. NOTE: the State where an injury has occurred has interest in compensating the injured party. Whereas, the State where the QuickTime and aactor has acted TIFF (Uncompressed) decompressor has interest in regulating the of persons are needed to see this conduct picture. found in its territory. SPECIAL RULES 1. If the tort is committed aboard a public vessel, whether on the high seas or in foreign territorial waters, the country to which the vessel belongs is the locus delicti; the law of the flag is thus the lex loci delicti commissi. THEORIES AS JURISDICTION TO WHAT COURT HAS GENERAL RULE: The essential elements of a crime and its penalties are generally determined by the law where the crime was committed (locus regit actum). EXCEPTIONS: 1. crimes committed by state officials, diplomatic representatives and officials of recognized international organizations (based on the theory of state immunity from suits) 2. crimes committed on board a foreign vessel even if within the territorial waters of the coastal state, as long as the effect of such crime does not affect the peace and order of the coastal state 3. crimes which, although committed by Philippine nationals abroad are punishable under the local law pursuant to the protective principle of criminal jurisdiction (ie.e. Art 2 of the RPC)
1. Territoriality theory where the crime was committed 2. Nationality theory country which the criminal
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Where published or circulated Any place where the offense begins, exists or continues Any place where any of the essential elements of the crime took place
CHAPTER XV: BUSINESS ASSOCIATIONS CORPORATIONS POINTS OF CONTACT General rule: the law of the place of incorporation Exceptions: For constitutional purposes even if the corporation was incorporated in the RP, it is not deemed a Filipino corporation & therefore cant acquire land, exploit our natural resources, and perate public utilities unless 60% of capital if Filipino owned For wartime purposes we pierce the corporation veil & go to the nationality of the controlling stockholders to determine if the corporation is an enemy (CONTROL TEST) Law of the place of incorporation
THE LOCUS DELICTI OF CERTAIN CRIMES Frustrated and Where the victim was injured (not consummated, where the aggressor wielded his homicide, weapon) murder, infanticide & parricide Where the intended victim was Attempted homicide, etc. (not where the aggressor was situated) so long as the weapon or the bullet either touched him or fell inside the territory where he QuickTime and a TIFF (Uncompressed) decompressor was are needed to see this picture. Where the illegal marriage was Bigamy performed the property was Theft & Where unlawfully taken from the victim robbery (not the place to which the criminal went after the commission of the crime) Estafa or Where the object of the crime was swindling thru received (not where the false
Formation of the corporation (requisites); kind of stocks, transfer of stocks to bind the corporation, issuance, amount
Domicile
Law of the place of incorporation provided that the public policy of the forum is not militated against If not fixed by the law creating or recognizing the corporation or by any other provision the domicile is where it is legal representation is established or where it exercises its principal functions (Article. 15) Principal receiver is appointed by the courts of the State of incorporation; ancillary receivers, by the courts of any State where the corporation has assets (authority is COEXTENSIVE) w/ the authority of the appointing court
PHILIPPINE JURISDICTION OVER FOREIGN CORPORATIONS Consent doctrine a foreign corporation will be recognized and will be allowed to transact business in any state which gives its consent. (Secs. 125, 126, 127 and 128 Corp. Code) NOTE: all foreign corporations lawfully doing business here in the Philippines shall be bound by all laws, rules and regulations applicable to domestic corporations EXCEPT provisions for the creation, formation, organization or dissolution of corporations or those which fix the relations and liabilities or duties of the stockholders, members or officers of the corporation to each other. RIGHT TO BRING A SUIT GENERAL RULE: if a corporation doing business in the country is not duly licensed or authorized to transact business in the Philippines, it cannot be permitted to maintain or intervene in any action, suit or proceeding in any court or administrative agency of the Philippines BUT it can be sued before any court or administrative tribunals on a valid cause (Sec. 133 of Corp Code). EXCEPTIONS: 1. Isolated transactions 2. action to protect trademark, trade name, goodwill,
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Creation of branches in the RP; validity & effect of the branches commercial transaction; & the jurisdiction of the court Dissolution, winding up, & termination of branches in the RP Domicile
RP law (law of the place where branches were created) (Article 15, Code of Commerce)
RP law (Article 15, Code of Commerce) If not fixed by the law creating or recognizing the partnership or by any other provision the domicile is where it is legal representation is established or where it exercises its principal functions (Article. 15)
MULTI-NATIONAL CORPORATIONS Cluster of corporations of diverse nationalities joined together by ties of common ownership and responsive to a common management strategy. Jurisdiction over a local counterpart may amount to jurisdiction on the parent company if the local counterpart is only a branch and is without separate juridical personality from the mother company and when such local counterpart is but a conduit or alter-ego of the parent company. However, if the local counterpart is a subsidiary with an entirely distinct personality, jurisdiction over the local counter-part is not jurisdiction over the parent company. NOTE: A subsidiary is one which is incorporated separately from the mother company, thus obtaining its own juridical personality.
PARTNERSHIPS FACTUAL SITUATION POINTS OF CONTACT QuickTime and a The personal law of The existence or nonTIFF (Uncompressed) decompressor are needed to see this picture. existence of legal the partnership, i.e., personality of the firm; the law of the place the capacity to where it was created contract; liability of (Article 15 of the Code the firm & the partners of Commerce) to 3rd persons (Subject to the exceptions given above as in the case of corps.)
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