CONFLICTS OF LAWS; Definition:

1. 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).

2. 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).

TERMS:

Lex Domicilii law of the domicile; in conflicts, the law of ones domicile applied in the choice of law questions

Lex Fori law of the forum; that is, the positive law of the state, country or jurisdiction of whose judicial system of the
court where the suit is brought or remedy is sought is an integral part. Substantive rights are determined by the law
where the action arose (lex loci) while the procedural rights are governed by the law of the place of the forum (lex fori)

Lex Loci law of the place

Lex Loci Contractus the law of the place where the contract was made or law of the place where the contract is to be
governed (place of performance) which may or may not be the same as that of the place where it was made

Lex Loci Rei Sitae law of the place where the thing or subject matter is situated; the title to realty or question of real
estate law can be affected only by the law of the place where it is situated

Lex Situs law of the place where property is situated; the general rule is that lands and other immovables are governed
by the law of the state where they are situated

Lex Loci Actus law of the place where the act was done

Lex Loci Celebrationis law of the place where the contract is made

Lex Loci Solutionis law of the place of solution; the law of the place where payment or performance of a contract is to
be made

Lex Loci Delicti Commissi law of the place where the crime took place

Lex Mereatoria law merchant; commercial law; that system of laws which is adopted by all commercial nations and
constitute as part of the law of the land; part of common law

Lex Non Scripta the unwritten common law, which includes general and particular customs and particular local laws

Lex Patriae national law

Renvoi Doctrine doctrine whereby a jural matter is presented which the conflict of laws rules of the forum refer to a
foreign law which in turn, refers the matter back to the law of the forum or a third state. When reference is made back to
the law of the forum, this is said to be remission while reference to a third state is called transmission.

Nationality Theory by virtue of which the status and capacity of an individual are generally governed by the law of his
nationality. This is principally adopted in the RP

Domiciliary Theory in general, the status, condition, rights, obligations, & capacity of a person should be governed by
the law of his domicile.
Long Arm Statutes Statutes allowing the courts to exercise jurisdiction when there are minimum contacts between the
non-resident defendant and the forum.

WAYS OF DEALING WITH A CONFLICTS PROBLEM:

1. Dismiss the case for lack of jurisdiction, or on the ground of forum non-conveniens

DOCTRINE OF FORUM NON CONVENIENS the forum is inconvenient; the ends of justice would be best served by trial
in another forum; the controversy may be more suitably tried elsewhere

1. Assume jurisdiction and apply either the law of the forum or of another state

1. i. A specific law of the forum decrees that internal law should apply

1. APPLY INTERNAL LAW forum law should be applied whenever there is good reason to do so; there is a good
reason when any one of the following factors is present:

Examples:

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

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

Article 819 of the Civil Code prohibits Filipinos from making joint wills even if valid in foreign country

1. ii. The proper foreign law was not properly pleaded and proved

NOTICE AND PROOF OF FOREIGN LAW

As a general rule, courts do not take judicial notice of foreign laws; Foreign laws must be pleaded and proved

Effect of failure to plead and prove foreign law (3 alternatives) of the forum court:

(a) Dismiss the case for inability to establish cause of action

(b) Assume that the foreign law of the same as the law of the forum

(c) Apply the law of the forum

1. The case falls under any of the exceptions to the application of foreign law

Exceptions to application of foreign law:

(a) The foreign law is contrary to the public policy of the forum

(b) The foreign law is procedural in nature

(c) The case involves issues related to property, real or personal (lex situs)

(d) The issue involved in the enforcement of foreign claim is fiscal or administrative

(e) The foreign law or judgment is contrary to good morals (contra bonos mores)
(f) The foreign law is penal in character

(g) When application of the foreign law may work undeniable injustice to the citizens of the forum

(h) When application of the foreign law might endanger the vital interest of the state

2. APPLY FOREIGN LAW when properly pleaded and proved

THEORIES WHY FOREIGN LAW SHOULD BE GIVEN EFFECT

1. Theory of Comity foreign law is applied because of its convenience & because we want to give protection to
our citizens, residents, & 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 adherents of this school of thought believe that we apply foreign law not because it is
foreign, but because our laws, by applying similar rules, require us to do so; hence, it is as if the foreign law has
become part & parcel of our local law

4. Theory of Harmony of Laws theorists here insist that in many cases we have to apply the foreign laws so that
wherever a case is decided, that is, irrespective of the forum, the solution should be approximately the same;
thus, identical or similar solutions anywhere & everywhere. When the goal is realized, there will be harmony of
laws

5. Theory of Justice the purpose of all laws, including Conflict of Laws, is the dispensing of justice; if this can be
attained in may cases applying the proper foreign law, we must do so