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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

Amanda, a Filipino citizen living in Thailand, wants to file a lawsuit against her former business partner, Ben, who is also a Filipino citizen but currently residing in the Philippines. The dispute revolves around a breach of contract that occurred in Thailand. Amanda seeks to enforce Thai law in the legal proceedings, while Ben argues that Philippine law should be applied.

Discuss the proper application of the choice of law principles in this case, specifically focusing on the doctrine of renvoi and the doctrine of processual presumption. Analyze whether the courts in the Philippines will apply Thai law based on lex nationalii principles, considering the residency of the parties and the place of the breach. Provide legal justifications for your analysis.




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