Private International Law or Conflict of Laws (For Expats and Pinoys)

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Conflict of Laws or PrIL
What is Private International Law?
What is the nature of Private International Law or Conflict Rules?
Why is conflict of law only notional?
Two kinds of domestic/municipal laws:
What are different theories why apply foreign laws?
What are the sources of PrIL or Conflict Rules?
12:54 - Jurisdiction: Forum Non Conveniens
What is Jurisdiction in the context of conflict of laws?
Forum non conveniens
The case involves foreign party-corporations. The only Filipino element is the citizenship of one respondent. Do Philippine Courts have jurisdiction?
21:58 - Characterization and legal categorization
Gibbs vs. Government: Husband and wife are US citizens and domiciled in California. They own a Philippine land. Under California, the wife only has inchoate interest over a property. Under Philippine law, wife has vested/conjugal interest. Which would apply in relation to intestate succession when wife dies? Will the husband inherit from the wife or is he an absolute owner from the beginning?
What are “points of contact” / “connecting factors”?
32:04 - Elevent Conflict Rules
Test Questions
What Conflict Rule applies in the following cases?
1. Lex Nationalii
National Theory/ Nationality Principle (Art. 15)
When is divorce valid to spouses previously married as Filipinos?
Why are foreign decrees of divorce granted to both Filipino spouses refused recognition here in the Philippines?
What is public policy?
What shall govern the property relations of Filipino spouses in the absence of marriage settlement?
If either or both parties are aliens, what is required before they can secure a marriage license?
How will a will of an alien be given effect in the Philippines?
A US citizen domiciled in Texas deprived his illegitimate Filipino children of legitimes. Valid?
2. Lex Rae Sitae
- What is Lex Rae Sitae?
- What is the application of Lex Rae Sitae?
- What is the rationale behind Lex Rae Sitae?
3. Lex Contractus
What is Lex Contractus?
01:11:43 - 4. Lex Loci Celebrationis
Lex Loci Celebrationis Rule (Art. 17)
What is Lex Loci Celebrationis?
Lex Loci Celebrationis Rule cannot prevail against Prohibitory Laws imbued with Public Policy (Art. 17)
What kind of wills, if executed by Filipinos abroad, are not valid in the Philippines?
5. Lex Domicilii
How will a revocation of a will made by a Filipino abroad be valid here?
6. Lex Fori
What is lex fori and when is it applied?
7. Lex Loci Delicti
What is lex loci delicti?
8. Penal Laws (Art. 14)
9. Lex Loci Solutionis
What law governs the liability of common carriers for the loss, destruction, or deterioration of goods?
01:36:28 - Renvoi
What is meant by Renvoi?
What is the problem of Renvoi?
What are the types of Renvoi?
What is double Renvoi?
Aznar vs. Garcia
01:43:30 - Processual Presumption
What is processual presumption?
How can foreign laws or judgments be proved?
01:49:35 - Recognition of Foreign Judgment
What is recognition of foreign judgment?
What is the nature of a foreign judgment?
What NCC article governs if a foreign spouse was subjected to foreign divorce judgment?
When a court recognizes a foreign judgment, what is the effect to the civil registry of the Philippines?
Where can recognition of a foreign judgment be made?
What should a party do if he wants to both (a) recognize a foreign judgment; and (b) correct or cancel entries in the civil registry?
End