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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 Presumptionf. Lex Fori

Question

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

A contract dispute arises between parties from different countries, Party A from the Philippines and Party B from Japan. The contract includes a choice of law clause specifying that Philippine law will govern any disputes that may arise.

Party B argues that the Doctrine of Renvoi should be applied, which would mean that the Philippine court should apply Japanese law as the proper law of the contract. On the other hand, Party A contends that the Doctrine of Processual Presumption should be followed, which upholds the validity of the parties' choice of Philippine law.

Based on the given scenario, discuss the following:

  1. Explain the Doctrine of Renvoi and how it applies to the situation.
  2. Analyze the Doctrine of Processual Presumption and its relevance in resolving the contract dispute.
  3. Apply the doctrine of lex fori in determining the choice of law in this case.



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Bar Review Question: Subject: Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumption A contract dispute