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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 Presumptiona. Lex Nationalii

Question

Choice of Law and the Doctrine of Renvoi: Application of Lex Nationalii

Carlos is a Filipino citizen who worked for a Philippine-based company. He was offered a job opportunity in Australia and decided to accept it. However, he had concerns about the employment laws that would apply to him while working abroad. He seeks legal advice to determine which jurisdiction's laws would be applicable to his employment contract.

Based on the principle of "lex nationalii," which refers to the application of the national law of an individual, discuss the following:

  1. Explain the concept of "choice of law" and its significance in international legal disputes.
  2. Define and explain the doctrine of "renvoi" and its relevance in determining the applicable law.
  3. Discuss the application of "lex nationalii" in Carlos' case and whether it would be the determining factor in the choice of law for his employment contract in Australia.



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Bar Review Question: Choice of Law and the Doctrine of Renvoi: Application of Lex Nationalii Carlos is a Filipino citiz