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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

You are a legal consultant working on a cross-border marriage case between Juan, a Filipino citizen, and Maria, a Spanish citizen. They got married in Spain, but later encountered problems in their relationship and decided to get a divorce in the Philippines. In the Philippines, divorce is not recognized, but an annulment can be sought on certain grounds.

Juan and Maria seek your advice on which law should govern their divorce case, considering that they were married in Spain. In this scenario, the Lex Loci Celebrationis comes into play, which refers to the principle that the law of the place where the marriage was celebrated governs the formal validity of the marriage.

Based on the given scenario, discuss the application of the Lex Loci Celebrationis in determining the choice of law in Juan and Maria's divorce case. Consider the relevant laws and principles involved, as well as any exceptions or conflicts that may arise.




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