Conflicts of law- municipal law. More on quasi-judicial and administrative agency.

More on resolving and

deciding. Directs our tribunals in cases involing foriegn element. It directs tribunals what to do when
situation involves foriegn element and to determine whether they should apply foreign law.
1. Determine whether it has jurisdiction
2. It is willing to assume jurisdiction
The main principle as applying foreign law, each entity is sovereign in our own limits. In cases where there
is foreign element, we have to respect the foreign entity.
Why is it called private international law.
Distinguishing private international law from prublic international law
Persons involve are usually private persons and transaction involve private interest. Remedies are those
provided by proper foreign conflict rules and law.
Importance of the subject, sources, jurisprudence.
Why we give effect on conflicts of law: commity, right theory, ....
Jurisdiction:
- when a tribunal is confronted with a foreign problem:
1. Ask first whether it has jurisdiction- refer to the law of the forum. It determines which has jurisdiction.
2. Should i assume jurisdiction- 2 option: (1)refuse to assume jurisdiction (forum non convinience), (2)
assumes jurisdiction;
a. Characterization, determine the right category.
1. Determine the controlling facts
2. Determine the category of the situation
3. Determine the conflicts rule to be applied. Particular provision to apply (review the definition of conflicts
rule; merely guides or points out to what rule to apply). Study the kinds of conflict rules and differentiate it
from internal rules.
...
...
Point of contact- law of the country that it is more intimately connected with the factual situation (study the
different point of contact by Salonga).
Characterization of the problem- whether procedural or substantive. Procedural, no need to refer to foriegn
law. Procedural problems are always referred to the law of the forum.
B. Application
-from categorization, apply the proper foriegn law. If the assessment that the foriegn law has been applied:
1. Must see to it that the forieng law is properly pleadede and proved. (pls review how to prove foriegn law).
Also the proving of foriegn judgment. Foriegn judgment are sometimes pleaded by the litigants.
-if the foreign law does not apply under the following:
1.
2. When the proper foriegn law is not properly pleaded and proved, unless falling under the exception:
contrary to public policy (there are laws that explain the public policy or if none, refer to the purpose of the
law), against morals (contra bunos moris) and tradition, involves procedural matters (apply the law of the

forum), penal laws (law of the forum), purely fiscal and administrative matters, when application poses
injustice to the citizens of the forum, when it involves contrary to security and national interest, involves real
and personal property that is situated in the forum.

conflicts problem
l
jurisdiction
/
\
yes
/
Assume

no
\
dismiss

\
refuse

/
1. characterization
2.determine what law will apply
/
\
Lex fori
Rule provides
Foriegn law is not properly pleaded and proved
Falling under the exception

\
FNC

lex causae
pleaded
proved
not one of the exception