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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 ▸ c. Lex Contractus

Question

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

Scenario:

Maria, a resident of the Philippines, entered into a contract with Juan, a resident of Spain, for the purchase of a property located in France. The contract did not specify the applicable law governing the agreement. However, a dispute arose between them regarding the performance of their respective obligations under the contract.

Question:

Which law should be applied to determine the rights and liabilities of Maria and Juan in relation to their contractual dispute? Discuss the application of the doctrine of lex contractus in this scenario and cite the relevant laws and principles involved.



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Bar Review Question: Subject: Choice of Law - Doctrine of Renvoi and Doctrine of Processual Presumption Scenario: Mari