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All ▸ Bar 2024 ▸ CIVIL LAW ▸ I. EFFECT AND APPLICATION OF LAWS ▸ M. Conflict of Laws (Civil Code, arts. 15-18) ▸ 2. Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumption ▸ b. Lex Rei Sitae

Question

Choice of Law: Doctrine of Renvoi, Doctrine of Processual Presumption

In a dispute involving a real property located in the Philippines, the parties are citizens of different countries and have chosen a foreign law to govern their contract. However, the chosen foreign law incorporates the Doctrine of Renvoi and applies the Doctrine of Processual Presumption.

Assuming that the chosen foreign law recognizes the Doctrine of Lex Rei Sitae, which governs the transfer and acquisition of rights to immovable property, discuss the following.

  1. Explain the Doctrine of Renvoi and how it affects the determination of applicable law in this case.
  2. Discuss the Doctrine of Processual Presumption and its impact on the resolution of the dispute.
  3. Analyze the significance of the Doctrine of Lex Rei Sitae in relation to the transfer and acquisition of rights to the real property in question.


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Bar Review Question: Choice of Law: Doctrine of Renvoi, Doctrine of Processual Presumption In a dispute involving a rea