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 ▸ h. Lex Loci Solutionis

Question

Choice of Law: Lex Loci Solutionis

Scenario:

Alex and Ben, both citizens of the Philippines, entered into a contract in Japan for the sale of a rare antique item. The contract stipulates that any disputes arising from the contract will be governed by the laws of Belgium. However, a dispute arises between Alex and Ben regarding the performance of their obligations under the contract. Alex insists that Philippine law should apply since both parties are Filipino citizens, while Ben argues that Belgian law, as chosen in the contract, should govern the dispute.

Based on the doctrine of Lex Loci Solutionis:

What is the doctrine of Lex Loci Solutionis and how does it apply to the present situation?
Which law should govern the dispute between Alex and Ben? Justify your answer.

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