Philippine Bar review · Question

Practice question: Lex Loci Solutionis

Multiple Choice Hard Jurisprudence

Practice question

A contract is executed in Country A, specifies performance of its central service obligation in Country B, and includes a governing-law clause choosing Country C. A party labels all three places lex loci solutionis and says no further analysis is possible. Which is the correct response?
  1. Distinguish making, performance and chosen law; Country B supplies the stated performance connector, while governing law requires the applicable analysis.
  2. All three places necessarily mean performance.
  3. Country A andCountry C cease to exist as relevant facts.
  4. A governing-law clause can never matter.
  5. The court must decide solely by alphabetical order.

Legal references

  • Saudia v. Rebesencio, G.R.198587, January14 2015, main decision, choice-of-law discussion; https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/60343
  • Civil Code Article17; https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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