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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 ▸ a. Lex Nationalii

Question

Question 2: Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumption, particularly on the topic of Lex Nationalii

John, a Filipino citizen, entered into a contract with Jane, a U.S. citizen, for the sale of a property located in the Philippines. The contract stipulated that any disputes arising from the contract shall be governed by the laws of the Philippines. John subsequently filed a case against Jane before a Philippine court.

During the proceedings, an issue arose regarding the application of the Doctrine of Renvoi and the Doctrine of Processual Presumption. The court sought to determine whether to apply Philippine law or the law of the United States.

Based on the principle of Lex Nationalii:

  1. Explain the concept of Lex Nationalii in relation to the choice of law.
  2. Discuss the application of the Doctrine of Renvoi and its significance in determining the applicable law in this case.
  3. Explain the Doctrine of Processual Presumption and how it may affect the choice of law in this scenario.


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Bar Review Question: Question 2: Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumption, particularly on