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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 Presumptiong. Lex Loci Delicti

Question

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

Scenario:

Elisa, a resident of the Philippines, was involved in a car accident while on vacation in Japan. The accident occurred due to the negligence of a Japanese driver who ran a red light. Elisa sustained serious injuries and incurred significant medical expenses as a result.

In seeking redress for her injuries and damages, Elisa wishes to file a lawsuit against the negligent driver in the appropriate jurisdiction. However, she is unsure which country's laws should apply to her case. In particular, she wants to determine whether the Philippine law on Lex Loci Delicti (the law of the place where the tort occurred) should govern the case, or if the principles of the Doctrine of Renvoi or Doctrine of Processual Presumption should be applied.

Task:

  1. Discuss the concept of Lex Loci Delicti in determining the choice of law in tort cases.
  2. Explain the Doctrine of Renvoi and its application in conflict of laws cases.
  3. Describe the Doctrine of Processual Presumption and its role in determining the applicable law in international tort cases.

Guidelines:




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