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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 Presumptionc. Lex Contractus

Question

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

You are a lawyer handling a civil case involving a contract dispute between a Philippine company and a foreign company. The contract was executed in the Philippines, but it contains a clause stating that the laws of the State of California shall govern the agreement.

Considering the doctrine of lex contractus, provide a comprehensive analysis and answer the following questions:

  1. What is the doctrine of lex contractus and how does it apply in determining the proper law to govern a contract?
  2. What is the doctrine of renvoi and when is it applicable in resolving conflicts of laws?
  3. Explain the doctrine of processual presumption and its significance in international contract cases.
  4. Given the scenario, which law should govern the contract between the Philippine company and the foreign company, and why?



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Bar Review Question: Subject: Choice of Law; Doctrine of Renvoi; Doctrine of Processual Presumption You are a lawyer ha