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:

The dispute involves two individuals, a Filipino citizen (A) and a foreigner (B), who entered into a contract in the Philippines for the sale of real property located in the Philippines. The contract provides that any dispute arising from the contract shall be resolved in accordance with Philippine law.

Issues:

Does the choice of law clause in the contract effectively determine the applicable law?
If the courts apply Philippine law, will they follow the Doctrine of Renvoi or the Doctrine of Processual Presumption? Explain.
If the courts apply Philippine law and the Doctrine of Renvoi or Doctrine of Processual Presumption is applicable, what would be the consequence?

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