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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 Presumptionb. Lex Rei Sitae

Question

The Doctrine of Renvoi in Choice of Law: A Case Scenario concerning Lex Rei Sitae

In a complex international legal dispute involving multiple jurisdictions, an issue arises regarding the application of the Doctrine of Renvoi in determining the applicable law based on the principle of Lex Rei Sitae. The following case scenario will test your understanding of the Doctrine of Renvoi:

Mr. Santos, a Filipino citizen, owns a property located in France. He entered into a contract with Ms. Lee, a Korean citizen, who resides in Japan, to sell the property. The contract, however, stipulated that any disputes arising from the transaction will be subject to the laws of the Philippines.

Subsequently, a disagreement arises between Mr. Santos and Ms. Lee regarding the terms of the contract. They decide to seek legal remedies to settle the dispute. While the property is located in France, the parties have agreed to apply the laws of the Philippines. In analyzing this case, the Doctrine of Renvoi becomes relevant.

Based on the given scenario, discuss whether the Doctrine of Renvoi applies in this case concerning the principle of Lex Rei Sitae. Explain your answer, taking into account relevant Philippine laws and jurisprudence on the Doctrine of Renvoi and the application of Lex Rei Sitae.




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