Conflict of Laws Doctrines

IMMOVABLE PROPERTY

•       Lex situs (where the property is situated)

–      character of immovable property as an isolated object (law of the place where the land is situated)

Immovable property as the factor not the parties

MOVABLE PROPERTY

•       Lex domicilii (owner’s domicile)

•       Lex situs (where the property is situated)

•       Lex loci actus (place where the transaction was completed and the proper law of the forum)

Proper law of transfer (state which has the most real connection with the transfer)

Article 16 of the Civil Code

“Real property as well as personal property is subject to the law of the place where it is situated”

CAPACITY TO TRANSFER OR ACQUIRE

•       Law of the place where the property is located

EXTRINSIC AND INTRINSIC VALIDITY

•       The formalities of a contract to convey property are governed by the lex situs.

•       Lex situs also applies to the essential validity of the transfer unless the lex intentionis is clearly established.

•       The lex situs also governs the effects of the conveyance of properties.

EXCEPTIONS TO LEX SITUS RULE

•       Where the transaction does not affect transfer of title to or ownership of the land. In this case the proper law of the transfer which is the lex intentionis or lex voluntatis is the governing law.

•       In contracts where real property is offered by way of security for the performance of an obligation such as loan, the principal contract is the loan while the mortgage of the land is only an accessory. The mortgage of the land is governed by the rule of lex situs but the loan contract is governed by the rules on ordinary contracts.

•       Testate and intestate succession and capacity to succeed are governed by the national law of the decedent. (Article 16, par. 2, Civil Code)

SITUS OF CERTAIN PROPERTIES

Personal property for tax purposes

- Mobilia sequuntur personam (rights over movables are governed by the law of the owner’s domicile)

Situs of Money

-          Place were the money was endorsed under a contract

Situs of Debts

-          Debt though intangible is subject to seizure like tangible

-          Debt is located where the debtor is because it is where he can be sued and the debt collected

Situs of corporate share of stocks

- The country or state where the corporation which issues them is registered and organized

CHOICE OF LAW IN TORTS AND DAMAGES

TORT

- torque or to twist

- Act or omission producing an injury to another without any previous existing relation of which the act or omission may be said to be a natural outgrowth or incident

TORTFEASOR

- one, who contrary to law, by his act or omission wilfully or negligently causes damage to another and shall indemnify the latter for the same.

Law Governing Torts

Action is brought in one jurisdiction for a tort committed in another

                - General Rule: lex loci delicti (law of the place of the wrong)

                - the case which is the cause of the injury and the foundation of the action must be at least actionable by the law of the place in which the wrong is done

- Not only must a legally maintainable right be created by the lex loci delicti, but the conduct complained of must be actionable by the law of the forum as well, to maintain an action.

                - Where an action is brought in one state based on facts occurring in another which do not constitute a common-law right of action, plaintiff must plead and prove that in such other state there is a statute permitting recovery, otherwise, not actionable.

Wrongful act or omission took place and the law of the place where the injury or harm was sustained:

                General Rule: law of the tort within the contemplation of the rule that the law of the place of the tort or wrong governs liability and other substantive matters, is the place of the injury or harm.

Choice between the law of the place in which a fatal injury was inflicted and the law of the place in which the resulting death took place

                General Rule: the place of the tort, within the contemplation of the rule that the situs of the tort governs matters of substance, is the place where the fatal injury was inflicted, and not the place where the resulting death occurred.

Cause of action depends upon a statute, there must be a statute at the forum similar to that of the place where the cause of action arose, or else jurisdiction will be refused.

Wrongful Death

                - Lex loci delicti commissi (place where the acts causing death was committed)

                Philippine courts cannot blindly apply conflict of laws rules enunciated in another country. It may apply the traditional rule of lex loci delicti, where the wrong done is in the Philippines or is doing business or domiciled in the country and assume jurisdiction over the case. It may apply any of the other theories, which is just and fair.

MODERN THEORIES ON FOREIGN TORT LIABILITY

•       State of the most significant relationship

•       Center of gravity

•       Grouping of contracts

SAUDI ARABIAN AIRLINES VS. C.A.

297 SCRA 469 (1998)

AGREEMENT OF THE PARTIES AS TO APPLICABLE LAW

The parties to an agreement may stipulate as to the law which will govern in case of dispute arising therefrom. Such stipulation will be respected EXCEPT when prohibited law or public policy prohibits its application.

                NORSE MANAGEMENT CO. VS. NATIONAL SEAMEN’S BOARD

                117 SCRA 487

OVERSEAS EMPLOYMENT OF FILIPINO WORKERS, INCLUDING SEAMEN

•       Traditional Rule: law of the country where injury or death occurred governs liability (including amount of compensation)

•       If injury or death is based on tort:

–      Lex loci actus (law of the place where the act was done)

–      Lex loci delicti (place where the injury occurred or the liabilities of the parties are fixed)

•       If the claim for injury or death is based on contracts:

–      Lex loci solutionis (law of the place of performance )

–      Kilberg Doctrine

•       A rule to the effect that the forum is not bound by the law of the place of death as to the limitation on damages for wrongful deaths because such rule is procedural and hence the law of the forum governs on this issue.

•       Law of the Flag

- Law of the country where the vessel is registered or whose flag it flies governs the terms and conditions of employment of its crew.

Carriage of Goods by Sea Act

•       Liability of the carrier or ship

MITSUI O.S.K. Lines Ltd vs. C.A

287 SCRA 366 “(1998)

                The suit is not for loss or damage to good, the question of prescription  of action is governed not by COGSA but by Art 114 of the Civil Code

Law of Country of Registry of Vessel

•       Article 2, Revised Penal Code

CHOICE OF LAW IN FAMILY RELATIONS

MARRIAGE

•       Philippine Policy on Marriage

–      Sec 2, Article XV, 1987 Constitution

–      Article 220 of the Civil Code

•       Extrinsic Validity of Marriage

–      Lex loci celebrationis (law of the place of celebration)

•       External conduct required of the parties or third persons especially of public officers, necessary to the formation of a legally valid marriage

–      Article 2, Hague Convention on Celebration and Recognition of the Validity of Marriages

–      Formal Requirement of Marriage

•       Article 3, Family Code

–      Article 26, Family Code

•       Intrinsic Validity of Marriage

–      Capacity or general ability of a person to marry, for instances defined by requirements of age and parental consent, but it does not refer clearly to an individual’s being permitted to marry a specific person or a person of determinate class.

Article 38, Family Code

•       Effects of Marriage

–      Personal relations between the spouses

•       National law of the parties. If different nationalities, national law of the husband as long as not contrary to law, customs and good morals of the forum

–      Property relations of spouses

•       Internal law designated by the spouses before the marriage or in absence thereof the internal law of the state in which both spouses fix their first habitual residence is the governing law on matrimonial property regimes

•       Article 80, Family Code

•       Lex rei sitae

DIVORCE AND SEPARATION

The Hague Convention Relating to Divorce and Separation of 1902 provides that “the granting of divorce or separation must comply with the national law of the spouses and the law of the place where the application for divorce is made”.

•       Divorce decrees obtained by Filipinos

–      If obtained  by Filipinos abroad – not valid

–      If obtained by alien spouse – Filipino spouse is capacitated to remarry (Article 26, Family Code)

•       Validity of foreign divorce between foreigners

–      Hague Convention on the Recognition of Divorce and Legal Separation

–      A foreign divorce will be recognized in all contracting states if at the date of the institution of the proceedings:

•       The respondent or petitioner had his habitual residence there

•       Both spouses were nationals of that state

•       If only the petitioner was a national, he should have his habitual residence there.

•       Annulment and Declaration of Nullity

•       Grounds/Jurisdiction

–      Lex loci celebrationis (traditional choice-of-law approach)

–      Law of the state of marital domicile (policy-centered approach)

•       Parental Relations

–      Legitimacy of the child

•       personal law of the parents – domicile/nationality

•       Personal law of the father

•       Law of the head of the family or husband or the mother (Germany)

–      Paternity (civil status of the father/mother with respect to the child begotten by him/her)

–      Filiation (status of the child in relation to his parents)

–      Philippines

•       Legitimacy of the child is governed by the national law of the parents. If the parents of the child belong to different nationalities, the legitimacy of the child is determined by the national law of the father (Art. 15, Civil Code)