All ▸ Bar 2024 ▸ CIVIL LAW ▸ I. EFFECT AND APPLICATION OF LAWS ▸ M. Conflict of Laws (Civil Code, arts. 15-18) ▸ 2. Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumption ▸ a. Lex Nationalii

Question

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

Scenario:

Paul, a Filipino citizen residing in the Philippines, entered into a contract with Alice, a French citizen residing in France. The contract contains a choice of law clause stating that any disputes arising from the contract shall be governed by Philippine law. Subsequently, a dispute arises between Paul and Alice, leading to a lawsuit in the Philippines.

Based on the doctrine of renvoi, discuss whether the Philippine court should apply Philippine law or French law to resolve the dispute.

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