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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSM. Conflict of Laws (Civil Code, arts. 15-18)2. Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumptione. Lex Domicilii

Question

Choice of Law: Lex Domicilii

Alexander and Beatrice are both Filipino citizens. They were married in the Philippines and subsequently moved to Spain to work and reside there. After several years, their marriage became strained and they decided to file for divorce. Since divorce is not recognized in the Philippines, they plan to file for divorce in Spain where it is legal.

However, they are unsure about the applicable law that will govern their divorce. Alexander wants the divorce to be governed by Philippine laws, while Beatrice believes that Spanish laws should apply. They seek the advice of a legal expert to determine which law should be considered.

  1. Discuss the principle of lex domicilii and its significance in determining the applicable law for the divorce of Alexander and Beatrice.
  2. Apply the principle of lex domicilii to the situation of Alexander and Beatrice. Which law should be considered as governing their divorce? Explain your answer.



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Bar Review Question: Choice of Law: Lex Domicilii Alexander and Beatrice are both Filipino citizens. They were married