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REVIEWER (Conflict of Laws)

Private international law, also known as conflict of laws, determines what law applies when legal situations involve foreign elements between states or jurisdictions. It governs which state's or nation's law applies in private transactions that cross territorial borders. Conflict of laws rules establish whether a court has jurisdiction over a case, determine the validity and enforcement of foreign judgments, and ascertain the applicable legal system for classes of cases. It differs from public international law in dealing with private transactions between individuals rather than relations between sovereign states.

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382 views3 pages

REVIEWER (Conflict of Laws)

Private international law, also known as conflict of laws, determines what law applies when legal situations involve foreign elements between states or jurisdictions. It governs which state's or nation's law applies in private transactions that cross territorial borders. Conflict of laws rules establish whether a court has jurisdiction over a case, determine the validity and enforcement of foreign judgments, and ascertain the applicable legal system for classes of cases. It differs from public international law in dealing with private transactions between individuals rather than relations between sovereign states.

Uploaded by

Miguel Anas Jr.
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© © All Rights Reserved
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REVIEWER I

(CONFLICT OF LAWS)

PRIVATE INTERNATIONAL LAW


 That part of the law of each State or nation which determines whether, in dealing with a legal
situation, the law or some other State or nation will be recognized, given effect, or applied (16 Am
Jur, 2d, Conflict of Laws, §1).
 That part of municipal law of a State which directs its courts and administrative agencies, when
confronted with a legal problem involving a foreign element, whether or not they should apply a
foreign law/s (Paras).
 NOTE: A factual situation that cuts across territorial lines and is affected by diverse laws of two or
more States is said to contain a foreign element.

FUNCTIONS OF CONFLICT OF LAW RULES


1. To proscribe the conditions under which a court or agency is competent to entertain a suit or
proceeding involving facts containing a foreign element;
2. To determine the extent, validity, and enforceability of foreign judgment;
3. To determine for each class of cases the particular system if law by reference to which the rights of
the parties must be ascertained.

DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW


BASIS CONFLICT OF LAW LAW OF NATIONS
1. Nature Municipal in character International in character
2. Persons Dealt with by private individuals; Sovereign States and other entities
involved governs individuals in their private possessing international personality,
transactions which involve a foreign e.g., UN; governs States in their
element. relationships amongst themselves.
3. Transactions Private transactions between private Generally affected by public interest;
involved individuals. those in general are of interest only to
sovereign States.
4. Remedies and Resort to municipal tribunals. May be peaceful or forcible Peaceful:
Sanctions includes diplomatic negotiation, tender
& exercise of good offices, mediation,
inquiry & conciliation, arbitration,
judicial settlement by ICJ, reference to
regional agencies Forcible: includes
severance of diplomatic relations,
retorsions, reprisals, embargo, boycott,
non-intercourse, pacific blockades,
collective measures under the UN
Charter, and war.
5. Sources Generally derived from the internal Custom, Treaty and General Principles
law of the state; except any conflict of of law, recognized by civilized nations
law question governed by a treaty. and juridical decisions and teachings
of the most highly qualified publicists.

SOURCES OF CONFLICT OF LAWS


Direct Indirect
1. Constitutions 1. Natural Moral Law
1
2. Codifications 2. Work of Writers
3. Special Laws
4. International Customs
5. Treatises and International Conventions
6. Judicial Decisions

DEFINITION OF TERMS:
1. Lex Domicilii - law of the domicile; in conflicts, the law of one's domicile applied in the choice of
law questions.
2. Lex Fori - law of the forum; that is, the positive law of the State, country or jurisdiction of whose
judicial system the suit is brought or remedy is sought. Substantive rights are determined by the law
where the action arose (lex loci) while the procedural rights are governed by the law of the place of
the forum (lex fori).
3. Lex Loci - law of the place.
4. Lex Loci Contractus - the law of the place where the contract was made or law of the place where the
contract is to be governed (place of performance) which may or may not be the same as that of the
place where it was made.
5. Lex Loci Rei Sitae - law of the place where the thing or subject matter is situated; the title to realty or
question of real estate law can be affected only by the law of the place where it is situated.
6. Lex Situs - law of the place where property is situated; the general rule is that real property is
governed by the law of the State where it is situated.
7. Lex Loci Actus - law of the place where the act was done.
8. Lex Loci Celebrationis - law of the place where the contract is made.
9. Lex Loci Solutionis - law of the place of solution; the law of the place where payment or performance
of a contract is to be made.
10. Lex Loci Delicti Comissi - law of the place where the crime took place.
11. Lex Mercatoria - law merchant/commercial law; system of laws adopted by all commercial nations
and constitute as part of the law of the land; part of common law.
12. Lex Non Scripta - the unwritten common law, which includes general and particular customs and
particular local law.
13. Lex Patriae - national law
14. Depecage - where different aspects of a case involving a foreign element may be governed by
different systems of law.
15. Renvoi Doctrine - doctrine whereby a jural matter is presented which the conflict of laws rules of the
forum refer to a foreign law which in turn, refers the matter back to the law of the forum or a third
State. When reference is made back to the law of the forum, this is said to be remission, while
reference to a third State is called transmission.
16. Double Renvoi - occurs when the local court, in adopting the foreign court theory, discovers that the
foreign court accepts the renvoi; ultimately then, it is the foreign internal law that will be used
17. Desistment - mutual disclaimer of jurisdiction.
18. Foreign Court Theory - the local forum, in deciding the case, will put itself in the position of the
foreign court, and whatever the foreign court will do respecting the case, the local forum will likewise
do.
19. Nationality Theory - by virtue of which the status and capacity of an individual are generally
governed by the law of his nationality. This is principally adopted in the RP.
20. Domiciliary Theory - in general, the status, condition, rights, obligations, & capacity of a person
should be governed by the law of his domicile.
21. Long Arm Statutes - statutes allowing the courts to exercise jurisdiction when there are minimum
contacts between the non-resident defendant and the forum.

2
JURISDICTION
 In international law, it is often defined as the right of a State to exercise authority over persons and
things within its boundaries, subject to certain exceptions.

JURISDICTION OVER THE PERSON

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