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 ▸ h. Lex Loci Solutionis

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

You are presented with the following scenario:

Marie, a Filipino citizen, contracted with John, a Canadian citizen, to sell a piece of land located in the Philippines. The contract included a choice-of-law clause stating that the laws of Canada would govern any disputes arising from the contract. A dispute arises between Marie and John regarding the validity of the contract.

Given the scenario, discuss the following:

What is the significance and effect of the choice-of-law clause in determining the applicable law in the dispute?
Explain the doctrine of renvoi and its application in resolving conflicts involving choice-of-law clauses.
Discuss the doctrine of processual presumption and how it may affect the resolution of the dispute.
Based on the Lex Loci Solutionis principle, which country's laws should govern the dispute and why?

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