Professional Documents
Culture Documents
INTRODUCTION
1. Definition, Nature and Composition
Definition: Conflict of laws is that part of the 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 foreign laws.
(foreign system of law = a distinct legal system prevailing in a territory other than in which the
court is functioning)
Enforceability:
In CoL, jurisdiction is the power of the court of the forum to render a decision that
will create legal rights and interests which other states will recognize and enforce.
2. Kinds of Jurisdiction:
a) Jurisdiction over the subject matter
The power to hear and determine cases of the general class to which the
proceedings in question belong; conferred by law, not by consent of the parties
by their voluntary submission
b) Jurisdiction over the person
Power of court to render a judgment that will bind the partners involved
Jurisdiction over the plaintiff – acquired when invokes the power the
power of the court when institutes an action by proper pleading
Jurisdiction over the defendant – acquired when he enters his
appearance or by coercive power of legal process (read: personal or substituted
service of summons) exerted by the court over him.
RULE OF SUBMISSION—A plaintiff who files suit with the court is
deemed to have consented to its exercise of jurisdiction over his original cause
of action and he would then be subject to judgment of the court
—As defendant, personal appearance or
appearance by counsel=consent to the court’s
exercise of its jurisdiction
XPN to ROS—personal appearance or by counsel if for sole purpose of
questioning jurisdiction
Service of Summons
3. Forum non-conveniens
4. Assumption of jurisdiction
a) Application of internal law
b) Application of foreign law
1. Theory of comity
2. Vested-rights theory
3. Theory of local law
4. Theory of harmony of laws
5. Theory of justice
F. PERSONAL LAW
1. Definition of Personal Law
2. Theories in determining personal law
a) Nationality Theory
b) Domiciliary Theory
c) Situs or eclectic Theory
PROBLEM OF RENVOI
The problem arises whenever there is doubt as to whether reference by the lex fori
(law of the country where the problem arises) to the foreign law involves
i. Reference to the internal law of the foreign law, minus conflicts
rules
ii. Reference to the entirety of the foreign law, including conflicts rules
Extra:
Theory of the doctrine of renvoi is that the court of the forum, in determining the question
before it, must take into account the whole law of the other jurisdiction, but also its rules as to
conflict of laws, and then apply the law to the actual question which the rules of the other
jurisdiction prescribe. This may be the law of the forum.
The recognition of the renvoi theory implies that the rules of the conflict of laws are to be
understood as incorporating not only the ordinary or internal law of the foreign state or
country, but its rules of the conflict of laws as well. According to this theory 'the law of a
country' means the whole of its law.
Illustration
State 1 (Philippines) – follows nationality theory
State 2 (California) – follows domiciliary theory
2. Application of renvoi