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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 Presumptionb. Lex Rei Sitae

Question

Subject: Choice of Law - Lex Rei Sitae

You are a lawyer handling a case involving a dispute over real property located in the Philippines. The parties involved are a foreigner who acquired the property through inheritance and a local resident who claims ownership based on adverse possession. The foreigner argues that the laws of their country should govern the case, while the local resident asserts that Philippine law should apply. The issue at hand is which law, specifically the doctrine of Lex Rei Sitae, should be applied.

Discuss the applicability of the doctrine of Lex Rei Sitae in determining the governing law in this case. Include in your discussion the factors to consider, the relevant Philippine laws and jurisprudence, and any exceptions or limitations to the doctrine.




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