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

Subject: Choice of Law - Doctrine of Renvoi - Doctrine of Processual Presumption

Scenario:

John, a Filipino citizen, owns a piece of land located in Japan. He passed away without leaving a will. John's only heir, Maria, is also a Filipino citizen residing in the Philippines. The laws of Japan provide that succession to immovable property is governed by the national law of the decedent at the time of death.

In determining the applicable law to govern the succession of John's property in Japan, discuss the doctrine of renvoi and its application. Can Maria successfully claim the inheritance based on Philippine law? Explain.

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