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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 Presumptiond. Lex Loci Celebrationis

Question

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

In a cross-border marriage case, Anna, a Filipino citizen, married John, a British citizen, in the United Kingdom. A few years later, Anna filed for divorce in the Philippines, where she currently resides. John, on the other hand, filed for divorce in the United Kingdom. Both parties want their respective divorce decrees to be recognized and enforceable in the Philippines.

Discuss whether the concept of lex loci celebrationis applies in determining the validity of the marriage under Philippine law. Consider the principles of Choice of Law, Doctrine of Renvoi, and Doctrine of Processual Presumption in your analysis.




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