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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

In a certain case, a dispute arises between two parties regarding a contract. Party A, a Filipino citizen, entered into a contract with Party B, a foreign national, for the sale of a property located in the Philippines. The contract contained a choice of law clause stating that any disputes arising from the contract shall be governed by the laws of the Philippines.

The issue before the court is whether the Philippine courts should apply the law of the Philippines or the law of the foreign national's country, based on the doctrine of renvoi.

  1. Discuss the concept of choice of law and its significance in determining the applicable law in international transactions.
  2. Explain the doctrine of renvoi and its application in determining the applicable law in the given case.
  3. Do you agree that the court should apply the doctrine of renvoi? Discuss the arguments for and against its application based on the facts of the case.



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