Leoj J. Esparagoza LLB III Conflicts Of Law Outline PART ONE: INTRODUCTION I.
. Scope of Conflict of laws: Nature, Definition and Importance A. Diversity of Laws; Customs and Practices - Hilton v Guyot B. Definition C. Object, Function and Scope Brief History and Development of Conflict of Laws A. Roman Law Origin B. Modern Developments Sources of Conflict of Laws A. Code and Statutes B. Treatises and International Conventions C. Tretises, Commentaries and Studies of Learned Societies D. Judicial Decisions
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PART TWO: JURISDICTION AND CHOICE OF LAW IV. Jurisdiction A. Basis of Exercise of Jurisdiction 1. Jurisdiction over the person - William Gemperle v Helen Schenker 2. Jurisdiction over the property - Pennoyer v Neff - International Shoe Co. v Washington - Mullane v Central Hanover Bank & Trust Co. - Shaffer v Heitner 3. Jurisdiction over the Subject Matter - Idonah Perkins v Roxas B. Ways of Dealing with a Conflicts Problem 1. Dismiss the Case - Heine v New York Insurance Co. - IN RE: Union Carbide - Wing on Company v Syyap Doctrine of Forum Non Conveniens 2. Assume Jurisdiction - Fleumer v Hix
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- Philippine Trust Co. v Bohanan Choice of Law A. The Correlation Between Jurisdiction and Choice of Law B. Approaches to Choice of Law 1. Traditional Approaches - Gray v Gray - Alabama Great Southern Co. v Carrol 2. Modern Approaches - Auten v Auten - Haag v Barnes - Babcock v Jackson The Problem of Characterization A. Characterization and the Single Aspect Method 1. Subject-Matter Characterization - Gibbs v Govt of PI 2. Substance Procedure Dichotomy - Grant v Mcauliffe - Cadalin v POEA Administration B. Depecage - Haumschild v Casualty The Problem of Renvoi A. Definition B. Various Ways of Dealing with the Problem of Renvoi - Aznar v Garcia - Annesley, Davidson v Annesley C. Usefullness of Renvoi - University of Chicago v Dater - PFAU v Trent Aluminum - Bellis v Bellis Notice and Proof of Foreign Law A. Extent of Judicial Notice B. Proof of Foreign Law - Philippine Commercial v Escolin - IN Re: Estate of Johnson - Walton v Arabian American Oil Co. - Leary v Gledhill - Zalamea v Court of Appeals - Miciano v Brimo - Suntay v Suntay - Collector of Internal Revenue v Fisher
- Board of Commissioners v Dela Rosa C. Exceptions to the Application of Foreign Law 1. The Foreign Law is Contrary to an Important Public Policy of the Forum - Pakistan International Airlines Corp. v Ople 2. The Foreign Law is Procedural in Nature 3. Issues are Related to Property (Lex Situs) 4. The Issue Involved in the Enforcement of Foreign Claim is Fiscal or Administrative 5. The Foreign law or Judgment is Contrary to Good Morals (Contra Bonos Mores) 6. The Application of Foreign Law will Work Undeniable Injustice to the Citizens of the Furom 7. The Foreign law is Penal in Character 8. The Application of the Foreign Law Might Endanger Vital Interest of the State PART THREE: PERSONAL LAW IX. Nationality A. Importance of Personal Law B. Determination of Nationality 1. Natural-Born Citizens 2. Citizens by Naturalization C. Procedure for naturalization D. Loss of Philippine Citizenship E. Problems in Applying the Nationality Principle 1. Dual or Multiple Citizenship 2. Statelesness Domicile A. Definition B. Merits and Demerits of Domicile C. General Rules on Domicile D. Kinds of Domicile Principles on Personal Status and Capacity A. Definition B. Legislative Jurisdiction Distinguished from Judicial Jurisdiction C. Beginning and End of Personality D. Absence E. Name F. Age of Majority
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G. Capacity PART FOUR: CHOICE OF LAW PROBLEMS XII. Choice of Law in Family Relations A. Marriage 1. Philippine Policy on Marriage and the Family 2. Extrinsic Validity of Marriage 3. Intrinsic Validity of Marriage 4. Effects of Marriage a. Personal Relations Between the Spouses b. Property Relations of Spouses B. Divorce and Separation 1. Divorce Decrees Obtained by Filipinos 2. Validity of Foreign Divorce Between Foreigners C. Annulment and Declaration of Nullity D. Parental Relations 1. Determination of Legitimacy of a Child 2. Common Law Principles on Legitimacy 3. Parental Authority Over the Child E. Adoption Choice of Law in Property A. The Controlling Law B. Capacity to Transfer or Acquire Property C. Extrinsic and Intrinsic Validity of Conveyances D. Exceptions to Rex Situs Rule 1. Situs of Personal Property for Tax Purposes 2. Situs of Money 3. Situs of Debts 4. Situs of Corporate Shares of Stocks E. Patents, Trademarks, Trade Name and Copyright Choice of Law in Contracts A. Contracts Involving Foreign Element B. Extrinsic Validity of Contracts C. Intrinsic Validity of Contracts 1. Lex Loci Contractus 2. Lex Loci Solutionis 3. Lex Loci Intentionis D. Capacity to Enter into Contracts E. Choice of Law Issues in Conflicts Contracts Cases 1. Choice of Forum Clause
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2. Contracts with Arbitration Clause 3. Adhesion Contracts 4. Special Contracts F. The Applicable Law in the Absence of an Effective Choice G. Limitations to Choice of Law XV. Choice of Law in Wills, Succession and Administration of Estates A. Extrinsic Validity of Wills B. Intrinsic Validity of Wills C. Interpretation of Wills D. Revocation E. Probate F. Administration of Estates G. Trusts XVI. Choice of Law in Torts and Crimes A. Policies Behind Conflicts Tort law B. Lex Loci Delicti Comissi C. Modern Theories on Foreign Tort Liability 1. The Most Significant Relationship 2. Interest Analysis 3. Cavers Principle of Preference D. Foreign Tort Claims 1. Conditions for the Enforcement of Tort Claims 2. Products Liability of the Foreign Manufacturer 3. The Alien Tort Act 4. Philippine Rule on Foreign Torts E. Distinguishing Between Torts and Crimes F. Lex Loci Delicti XVII. Choice of Law Affecting Corporations and Other Juridical Entities A. Corporations 1. Personal Law of a Corporation 2. Exceptions to the Rule of Incorporation Test a. Constitutional and Statutory Restrictions b. Control Test During War 3. Domicile or Residence of Foreign Corporations 4. Jurisdiction Over Foreign Corporations 5. Right of Foreign Corporations to Bring Suit 6. Exceptions to the License Requirement a. Isolated Transactions b. Action to Protect Trademark, Trade Name, Goodwill, Patent or for Unfair Competition
c. Agreements Fully Transacted Outside the Philippines d. Petition Filed is Merely a Corollary Defense in a Suit Against It 7. Definition and Scope of Transacting Business B. Special Corporations 1. Religious Societies and Corporation Sole 2. Transnational Corporations C. Partnership PART FIVE: FOREIGN JUDGMENTS XVIII. Recognition and Enforcement of Foreign Judgments A. Distinction Between Recognition and Enforcement B. Bases of Recognition and Enforcement of Foreign Judgments C. Policies Underlying Recognition and Enforcement D. Requisites for Recognition or Enforcement 1. The Foreign Judgment was Rendered by a Judicial or Quasi-Judicial Tribunal Which Had Jurisdiction Over the Parties and the Case in the Proper Judicial Proceedings 2. The Judgment Must Be Valid Under the Laws of the Court that Rendered it 3. The Judgment Must be Final and Executory to Constitute Res Judicata in Another Action 4. The State where the Foreign Judgment was Obtained Allows Recognition or Enforcement of Philippine Judgments 5. The Judgment Must Not be for a Fixed Sum of Money 6. The Foreign Judgment Must Not be Contrary to the Public Policy or Good Morals of the Country where it is to be Enforced 7. The Judgment Must Not Have Been Obtained by Fraud, Collusion, Mistake of Fact or Mistake of Law E. Grounds for Non-Recognition F. Modern Developments in Enforcement of Foreign Judgments 1. The Hague Conference on Private International Law 2. The EEC Convention of 1968 3. Uniform Foreign Money-Judgments Recognition Act G. Procedure for Enforcement
