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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 Presumptiona. Lex Nationalii

Question

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

Alex and Ben, both residents of the Philippines, entered into a contract of sale for a piece of real estate located in Canada. The contract specified that Philippine law shall govern the agreement. Subsequently, a dispute arose regarding the performance of the contract, and they decided to bring the case to court in the Philippines.

In resolving the dispute, the court needs to determine which law should apply based on the choice of law principle. Evaluate the following situation:

  1. Discuss the concept of Lex Nationalii and its significance in determining the applicable law in this case.
  2. Explain the Doctrine of Renvoi and whether it can be applied in this case.
  3. Analyze the Doctrine of Processual Presumption and its implications on the choice of law in the present scenario.



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Bar Review Question: Subject: Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumption Alex and Ben, both