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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 ▸ b. Lex Rei Sitae

Question

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

Scenario:

A dispute arises between two parties, an individual and a corporation, regarding a real estate property located in the Philippines. The individual is a Filipino citizen, while the corporation is incorporated in another country. Both parties reside outside of the Philippines but have significant business operations in the country. The question at hand is which law should govern this dispute.

  1. Discuss the basic principles of choice of law and explain how it is determined in the Philippines.
  2. Explain the doctrine of renvoi and its application in this scenario.
  3. Discuss the doctrine of processual presumption and its relevance to this situation.
  4. Apply the principle of lex rei sitae to determine which law should govern this dispute.


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Bar Review Question: The given Subject: Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumption Scenario: