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 ▸ e. Lex Domicilii

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Subject: Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumption (Topic: Lex Domicilii)

Alex, a Filipino citizen residing in the Philippines, entered into a contract with Bob, 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 the laws of the Philippines. A dispute arises between Alex and Bob, and they are unable to resolve it amicably.

Considering the doctrine of lex domicilii:

1. Which country's law will apply in determining the validity and interpretation of the choice of law clause in the contract?

2. Will the Philippine court apply the doctrine of renvoi in this case? Why or why not?

3. If the Philippine court determines that the French law should apply, will it also apply the doctrine of processual presumption? Explain.

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