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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 Presumptione. Lex Domicilii

Question

Subject: Choice of Law and Doctrine of Renvoi

Scenario:

In a legal dispute involving a contract entered into by two parties, one party is a resident of the Philippines while the other party is a resident of another country. The contract itself does not specify the choice of law to govern the agreement. The question now arises as to whether the Philippine court should apply Philippine law or the law of the other country.

Assuming that the applicable conflict of laws rule in the Philippines applies the doctrine of renvoi in determining the applicable law, discuss whether the court should apply lex domicilii according to this doctrine in resolving the dispute. Explain the reasons for your answer and cite any relevant laws and legal principles.




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