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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 Presumptionb. Lex Rei Sitae

Question

Choice of Law and Doctrine of Renvoi: Lex Rei Sitae

You are a law practitioner tasked to provide legal advice to a client regarding a cross-border property dispute. The client, a Filipino citizen, inherited a piece of land located in Spain. The client wants to know which country's laws will govern the dispute over the inheritance and ownership of the property.

Discuss the following:

  1. Explain the concept of choice of law and its importance in international private law.
  2. Define and explain the doctrine of renvoi and its application in determining the applicable law in cross-border property disputes.
  3. Discuss the doctrine of processual presumption and its relevance in resolving conflicts of laws, particularly in the context of lex rei sitae.
  4. Apply the principles and doctrines discussed to analyze and determine the applicable law in the given scenario of the client's cross-border property dispute.



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