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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

Alex, a Filipino citizen, purchased a property in California, USA. He later passed away, leaving behind his last will and testament, which provides for the disposition of his property. The will was executed in accordance with the laws of California. However, the laws of the Philippines, Alex's country of citizenship, have specific rules governing the succession and distribution of estates.

Amidst the dispute among Alex's heirs, they seek legal advice on which law should govern the succession and distribution of the property.

  1. Discuss the principles and considerations involved in determining the applicable law in this case.
  2. Applying the doctrine of renvoi, analyze the possibility of the Philippine court accepting or rejecting the application of California law to the succession of Alex's property.
  3. Explain the doctrine of processual presumption and its impact on the court's determination of the applicable law in this case.
  4. Discuss the concept of "lex fori" and its relevance in deciding the applicable law in this scenario.



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Bar Review Question: Subject: Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumption Alex, a Filipino ci