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This document provides an introduction to conflict of laws. It defines key terms like private international law, foreign element, and comity. It outlines general rules for determining applicable law, such as lex situs, lex loci actus, and lex loci contractus. Exceptions to the general rule that the laws of one country do not apply in another are discussed, such as when a country's laws provide extraterritorial effect. Remedies in conflict of laws involve enforcement of rights and recognition of foreign judgments. A conflicts case arises when a situation involves elements of two or more countries' laws. Courts can address conflict of laws problems by declining jurisdiction, applying their own local law, or using special rules formulated for such cases.
This document provides an introduction to conflict of laws. It defines key terms like private international law, foreign element, and comity. It outlines general rules for determining applicable law, such as lex situs, lex loci actus, and lex loci contractus. Exceptions to the general rule that the laws of one country do not apply in another are discussed, such as when a country's laws provide extraterritorial effect. Remedies in conflict of laws involve enforcement of rights and recognition of foreign judgments. A conflicts case arises when a situation involves elements of two or more countries' laws. Courts can address conflict of laws problems by declining jurisdiction, applying their own local law, or using special rules formulated for such cases.
This document provides an introduction to conflict of laws. It defines key terms like private international law, foreign element, and comity. It outlines general rules for determining applicable law, such as lex situs, lex loci actus, and lex loci contractus. Exceptions to the general rule that the laws of one country do not apply in another are discussed, such as when a country's laws provide extraterritorial effect. Remedies in conflict of laws involve enforcement of rights and recognition of foreign judgments. A conflicts case arises when a situation involves elements of two or more countries' laws. Courts can address conflict of laws problems by declining jurisdiction, applying their own local law, or using special rules formulated for such cases.
I. INTRODUCTION TO CONFLICT OF LAWS Private International Law - that branch of international law which regulates the comity of states in giving effect in one to the municipal laws of another relating private persons, or conc erns the rights of persons within the territory and dominion of one state or nation, by reason of acts, private or public, done within the dominion of another, and which is based on the broad general principle that one country w ill respect and give effect to the laws of another so far as can be done consistently with its own interests Foreign element - a factual situation that cuts across territorial lines and is thus affected by the diverse laws of two or more states Comity - the recognition which one state allows within its territory to the legi slative, executive, or judicial acts of another state, having due regard both to international duty and convenience a nd to the rights of its own citizens or of other persons who are under the protection of its laws Lex situs - the applicable law regarding the acquisition, transfer and devolutio n of the title to property is the law where the property is located Lex fori - the law of the forum, where the case if filed Lex loci actus - the law of the place where the act is done Lex loci celebrationis - the law of the place where the contract is entered into Lex loci contractus - the proper law applicable in deciding the rights and liabi lities of the contracting parties Lex loci delictus - the law of the place where the offense or wrong took place Lex loci domicilii - the law of the place of the domicile of the person Lex loci rei sitae (lex situs) - the law of the place where a thing is situated Kilberg doctrine - a rule to the effect that the forum is not bound by the law o f the place of injury or death as to the limitation on damages for wrongful act because such rule is procedural an d hence the law of the forum governs the issue Center of gravity doctrine (most significant relationship theory; grouping of co ntacts) - choice of law problems in conflict of laws are resolved by the application of the law of the j urisdiction which has the most significant relationship to or contact with event and parties to litigation and the issue therein GENERAL RULE: Law of one country has no application and force in another country . Philippine laws have no extraterritorial effect. EXCEPTION: Consent: when our laws provide extraterritorial effect to our laws wi th respect to citizens and nationals (e.g. extraterritoriality principle of RPC) **But now in PRIL, foreign laws and foreign judgments may be given force and eff ect in our country, because of the growing inter-dependence of states and on basis of the principle of comity. 2 REMEDIES INVOLVED: 1. Enforcement of rights 2. Recognition and enforcement of foreign judgment **Conflict of laws presupposes two or more conflicting laws, between a local law and a foreign law involving a foreign Conflict of Laws Page 1 element or elements, which requires a determination of which law should apply. Is there a conflicts case? A factual situation that cuts across territorial lines and is affected by the di
verse laws of two or more
states is said to contain a foreign element. The presence of a foreign element is inevitable since social and economic affairs of individuals and associations are rarely confined to the geographic limits of their birth or conception. (Saudi Arabia Airlines vs. CA, G.R. No. 122191, Oc t. 8, 1998) The forms in which this foreign element may appear are many. The foreign element may simply consist in the fact that one of the parties to a contract is an alien or has a foreign d omicile, or that a contract between nationals of one State involves properties situated in another State. In other cases, the foreign element may assume a complex form. (Saudi Arabia Airlines vs. CA, supra) In the instant case, the foreign element consisted in the fact that private resp ondent Morada is a resident Philippine national, and that petitioner SAUDIA is a resident foreign c orporation. Also, by virtue of the employment of Morada with the petitioner SAUDIA as a flight stewar dess, events did transpire during her many occasions of travel across national borders, particula rly from Manila, Philippines to Jeddah, Saudi Arabia, and vice versa, that caused a conflicts situa tion to arise.(Saudi Arabia Airlines vs. CA, supra) 3 WAYS OF SOLVING CONFLICT OF LAWS PROBLEM: 1. Court might refuse to hear the case and dismiss it on ground of lack of juris diction or forum non conveniens 2. Court might decide the case by its own local law 3. Court might decide the case by special rules formulated to address the proble m
Remarks of Mr. Calhoun of South Carolina on the bill to prevent the interference of certain federal officers in elections: delivered in the Senate of the United States February 22, 1839