CHOICE OF LAW IN PROPERTY CONTROLLING LAW IN PROPERTY Movable or Immovable?

IMMOVABLE PROPERTY Lex si !s (where the property is situated) "#ara" er o$ immovable %ro%er & as a' isola e( ob)e" *la+ o$ #e %la"e +#ere #e la'( is si !a e(,

Immovable %ro%er & as #e $a" or 'o #e %ar ies MOVABLE PROPERTY Lex (omi"ilii (owners domicile) Lex si !s (where the property is situated) Lex lo"i a" !s (place where the transaction was completed and the proper law of the forum)

Pro%er la+ o$ ra's$er (state which has the most real connection with the transfer) Ar i"le -. o$ #e Civil Co(e Real property as well as personal property is subject to the law of the place where it is situated CAPACITY TO TRAN/FER OR AC01IRE La+ o$ #e %la"e +#ere #e %ro%er & is lo"a e(

E2TRIN/IC AN3 INTRIN/IC VALI3ITY 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.

E2CEPTION/ TO LE2 /IT1/ R1LE 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. (!rticle "# par. $ %ivil %ode)

/IT1/ OF CERTAIN PROPERTIE/ Perso'al %ro%er & $or ax %!r%oses & 'obilia se(uuntur personam (rights over movables are governed by the law of the owners domicile) /i !s o$ Mo'e& )lace were the money was endorsed under a contract

/i !s o$ 3eb s *ebt though intangible is sub+ect to sei,ure li-e tangible *ebt is located where the debtor is because it is where he can be sued and the debt collected

/i !s o$ "or%ora e s#are o$ s o"4s & The country or state where the corporation which issues them is registered and organi,ed CHOICE OF LAW IN TORT/ AN3 3AMAGE/ TORT & tor(ue or to twist & !ct or omission producing an in+ury to another without any previous existing relation of which the act or omission may be said to be a natural outgrowth or incident TORTFEA/OR & 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. La+ Gover'i'5 Tor s A" io' is bro!5# i' o'e )!ris(i" io' $or a or "ommi e( i' a'o #er & .eneral /ule0 lex loci delicti (law of the place of the wrong) & the case which is the cause of the in+ury and the foundation of the action must be at least actionable by the law of the place in which the wrong is done & 1ot only must a legally maintainable right be created by the lex loci delicti but the conduct complained of must be actionable by the law of the forum as well to maintain an action. & Where an action is brought in one state based on facts occurring in another which do not constitute a common&law right of action plaintiff must plead and prove that in such other state there is a statute permitting recovery otherwise not actionable. Wro'5$!l a" or omissio' oo4 %la"e a'( #e la+ o$ #e %la"e +#ere #e i')!r& or #arm +as s!s ai'e(6 .eneral /ule0 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 in+ury or harm. C#oi"e be +ee' #e la+ o$ #e %la"e i' +#i"# a $a al i')!r& +as i'$li" e( a'( #e la+ o$ #e %la"e i' +#i"# #e res!l i'5 (ea # oo4 %la"e

.eneral /ule0 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 in+ury was inflicted and not the place where the resulting death occurred. %ause 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 +urisdiction will be refused. Wrongful *eath & Lex loci delicti commissi (place where the acts causing death was committed) )hilippine 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 )hilippines or is doing business or domiciled in the country and assume +urisdiction over the case. It may apply any of the other theories which is +ust and fair. MO3ERN THEORIE/ ON FOREIGN TORT LIABILITY 2tate of the most significant relationship %enter of gravity .rouping of contracts

/A13I ARABIAN AIRLINE/ V/7 C7A7 89: /CRA ;.9 *-99<, AGREEMENT OF THE PARTIE/ A/ TO APPLICABLE LAW The parties to an agreement may stipulate as to the law which will govern in case of dispute arising therefrom. 2uch stipulation will be respected 34%3)T when prohibited law or public policy prohibits its application. NOR/E MANAGEMENT CO7 V/7 NATIONAL /EAMEN=/ BOAR3 --: /CRA ;<: OVER/EA/ EMPLOYMENT OF FILIPINO WOR>ER/? INCL13ING /EAMEN Tra(i io'al R!le0 law of the country where in+ury or death occurred governs liability (including amount of compensation) I$ i')!r& or (ea # is base( o' or 6 Lex loci actus (law of the place where the act was done) Lex loci delicti (place where the in+ury occurred or the liabilities of the parties are fixed)

If the claim for in+ury or death is based on contracts0 Lex loci solutionis (law of the place of performance ) 5ilberg *octrine ! 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 6lag

& Law of the country where the vessel is registered or whose flag it flies governs the terms and conditions of employment of its crew. Carria5e o$ Goo(s b& /ea A" Liability of the carrier or ship

MIT/1I O7/7>7 Li'es L ( vs7 C7A 8<: /CRA @.. A*-99<, The suit is not for loss or damage to good the (uestion of prescription of action is governed not by %7.2! but by !rt ""8 of the %ivil %ode La+ o$ Co!' r& o$ Re5is r& o$ Vessel Ar i"le 8? Revise( Pe'al Co(e

CHOICE OF LAW IN FAMILY RELATION/ MARRIAGE P#ili%%i'e Poli"& o' Marria5e 2ec $ !rticle 49 ":;< %onstitution !rticle $$= of the %ivil %ode

Ex ri'si" Vali(i & o$ Marria5e Lex loci celebrationis (law of the place of celebration) 3xternal conduct re(uired of the parties or third persons especially of public officers necessary to the formation of a legally valid marriage

!rticle $ >ague %onvention on %elebration and /ecognition of the 9alidity of 'arriages 6ormal /e(uirement of 'arriage !rticle ? 6amily %ode

!rticle $# 6amily %ode

I' ri'si" Vali(i & o$ Marria5e Ca%a"i & or general ability of a person to marry for instances defined by re(uirements of age and parental "o'se' but it does not refer clearly to an individuals being permitted to marry a specific person or a person of determinate class.

!rticle ?; 6amily %ode E$$e" s o$ Marria5e Perso'al rela io's be +ee' #e s%o!ses 1ational 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

Pro%er & rela io's o$ s%o!ses

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 !rticle ;= 6amily %ode Lex rei sitae

3IVORCE AN3 /EPARATION The >ague %onvention /elating to *ivorce and 2eparation of ":=$ 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 madeA. 3ivor"e (e"rees ob ai'e( b& Fili%i'os If obtained by 6ilipinos abroad B not valid If obtained by alien spouse B 6ilipino spouse is capacitated to remarry (!rticle $# 6amily %ode)

Vali(i & o$ $orei5' (ivor"e be +ee' $orei5'ers >ague %onvention on the /ecognition of *ivorce and Legal 2eparation ! foreign divorce will be recogni,ed in all contracting states if at the date of the institution of the proceedings0 The respondent or petitioner had his habitual residence there Coth spouses were nationals of that state If only the petitioner was a national he should have his habitual residence there.

!nnulment and *eclaration of 1ullity .roundsDEurisdiction Lex loci celebrationis (traditional choice&of&law approach) Law of the state of marital domicile (policy&centered approach)

Pare' al Rela io's Legitimacy of the child personal law of the parents B domicileDnationality )ersonal law of the father Law of the head of the family or husband or the mother (.ermany)

)aternity (civil status of the fatherDmother with respect to the child begotten by himDher) 6iliation (status of the child in relation to his parents) )hilippines 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 (!rt. "F %ivil %ode)