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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 ▸ c. Lex Contractus

Question

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

You are presented with the following scenario:

Party A, a resident of the Philippines, entered into a contract with Party B, a resident of Japan, for the sale of goods. The contract stipulates that any disputes arising out of the contract shall be governed by the law of the country where the goods were delivered. The goods were delivered in the Philippines.

Based on the given scenario, discuss and analyze the following:

  1. Which law should govern the contract in question? Provide legal basis and reasoning.
  2. Can the Doctrine of Renvoi be applied in this case? Explain why or why not, and its implications.
  3. Can the Doctrine of Processual Presumption be applied in this case? Explain why or why not, and its implications.


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