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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

Scenario:

In a recent wedding ceremony held in Boracay, a dispute arose regarding the validity of the marriage based on the laws that govern marriage ceremonies.

Angela, a Filipino citizen, and David, a foreign national, had a beach wedding in Boracay. However, they failed to comply with the requirements imposed by the Philippine law on marriage ceremonies.

Angela argues that the marriage should be considered valid under the principle of lex loci celebrationis, which states that the validity of a marriage is determined by the law of the place where the marriage was celebrated.

On the other hand, David argues that the doctrine of renvoi should be applied, which means that the Philippine court should refer to the foreign law on marriage ceremonies, as it is the intended law to govern the marriage.

Discuss the applicability of the doctrine of lex loci celebrationis in determining the validity of the marriage in this scenario. Support your discussion with relevant Philippine laws and cases.




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