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RULES ON MARRIAGE

Celebrated abroad
Celebrated in the Phils
Between
Lex loci
Between
Lex nationalii
foreigners
celebracionis
foreigners
XCP: immoral,
incestuous
marriages
Between
Lex loci
Between
Lex nationalii
filipinos
celebracionis
filipinos
RULES ON PERSONAL RELATIONS
Different nationalities
Lex nationalii of the husband
Alien woman marries Filipino
Lex nationalii of the husband
husband
Filipina who marries alien
Lex nationalii of the wife (Phil.
husband
Law)
Change of nationalities
Acquire new nationality by
New lex nationalii
common act
Change of husband nationality
Last common nationality
alone
Spouses retain different
Lex nationalii of the husband, or,
nationalities
retain their respective lex
nationaliis
RULES ON PROPERTY RELATIONS
GR: governed by Philippine law, in the absence of a contrary
stipulation, regardless of the place of celebration of marriage and
residence.
XCP: both spouses are aliens;
Extrinsic validity of contracts affecting real property lex situs
ANNULMENT /
DECLARATION OF
NULLITY
Lex loci celebracionis

XCP: Art 35 (1), (4) ,


(5)
Art 36
Art 37
Art 38

LEGAL SEPARATION

Lex nationalii of the


parties

ABSOLUTE
DIVORCE
Cannot be granted in
the Phils or be
recognized here if
obtained by Filipinos
abroad
XCP:
a. between foreigners
whose lex nationaliis
allow it;
b. Art 26 (2) of the
Family Code;
c. Sharia

LEGITIMACY, LEGITIMATION, ADOPTION, PATERNITY, FILIATION


If legitimate
Lex nationalii of father
If illegitimate
Lex nationalii of mother unless
acknowledged by father, in which case,
lex nationalii of father
Adoption
1. personal law of the adopted
2. personal law of adopter, if the
adopted does not reside in the country
of citizenship
Can be recognized if such foreign court
has jurisdiction to render said decree.
Recognition of foreign decree of adoption Provided there is no:
- want of notice;
- Collusion;
- Mistake of fact or law
- fraud
GUARDIANSHIP:
Over the person
Lex domicilii of ward
Over the property
Lex rei sitae
Funerals
Where the body is buried

RULES ON STATUS
beginning of
personality
lex nationalii
age of majority
lex nationalii
use of names &
surnames
lex nationalii
lex nationalii
titles of nobility
XCP:
naturalized
absence
lex nationalii
remarriage: 4
years
danger of death - 2
years
succession - 10
years
decedent 75 y.o - 5
years
all other purposes - 7
years
capacity to
contract
personal law

WILLS
Extrinsic validity
- forms and solemnities: age and
testamentary capacity of testator;
form of will
Intrinsic validity
- substance of wills: order of
succession, amount of
successional rights

Lex loci celebracionis

Lex nationalii in force at the time of


death

Capacity to succeed
Lex nationalii of decedent
I. EXTRINSIC VALIDITY EXECUTED IN THE PHILIPPINES
If testator Filipino
Philippine law
If testator is alien
1. lex nationalii
2. lex loci celebracionis
II. EXTRINSIC VALIDITY EXECUTED ABROAD
If testator is Filipino
1. lex nationalii
2. lex loci celebracionis
If testator is alien
1. lex nationalii
2. lex domicilii
3. lex loci celebracionis
REVOCATION OF WILLS
Lex loci actus of revocation should be
made in accordance with Philippine laws
Done abroad by a domiciliary of RP
1. lex domicilii
2. lex loci actus of revocation
Done abroad by a non-domiciliary of RP
1. lex loci celebracionis of the making of
the will
2. lex domicilii at the time of revocation
Done in the phils.

JOINT WILLS
Made by Filipinos whether in RP or
Not valid
abroad
Made by alien in the Phils
Void even if valid under his lex nationalii
or lex domicilii
Made by alien and Filipino abroad
Valid as to alien, if his lex nationalii or
lex domicilii allows it, but void as to the
Filipino
Made by alien abroad
Valid only if allowed by his lex nationalii
or lex domicilii
PROBATE / ADMINISTRATION OF ESTATE
Probate of will whether probated or not Lex fori
abroad
Administration of estate
Lex fori
If executor is qualified, and administrator 1. Court of the country where deceased
is appointed
was domiciled at the time of death

2. if non-domiciliary, court of the country


where his properties are found

Public vessels
Private / commercial vessels
If vessel is docked at foreign port

RULES ON PROPERTY
Law of the flag
Law of the place of registry
Law of the country where it is temporarily
docked

THINGS IN TRANSITU:
Liability for loss, destruction, damage
Seizure of goods
Disposition or alienation of the goods in transit
CREDITS OR DEBTS:
Garnishment
Voluntary assignment of debts/credit
Taxation of debts
Administration of debts
NEGOTIABLE INSTRUMENTS:
Negotiability or non-negotiability
Validity of transfer (delivery, negotiation)
CORPORATIONS:
Sale of stocks
Sale of stocks between parties
Taxation on dividends
Taxation on income from sale
Franchises
Goodwill and taxation thereon
Intellectual property

CONVEYANCES

Law of country of destination


Law of the countrt where the goods were
seized
Lex contractus (proper law of the contract)
Domicile of debtor
Lex contractus of the original transaction
Domicile of creditor
Lex situs of assets of debtor
Right embodied in the instrument
Example: Swedish bill Swedish law
Situs of the instrument at the time of transfer
Law of the place of incorporation
Lex contractus
Law of the place of incorporation
Law of the place where sale was consummated
Law of the place granting them
Law of the place of business
GR: law of the place granting it
XCP: treaty
GR: LEX SITUS
EXCEPTIONS:
1. art 16 (2) of CC
2. subject is land and the issue is rights and
liabilities of parties
3. security is immovable and the issue is the
obligation which the immovable secures
4. when situs of immovable at the time of
transfer is insignificant
5. when the issue is consideration other than
validity and effect of transfer
6. when the issue is the validity of the contract
to transfer immovable
7. negotiable instruments

RULES ON CONTRACTS
Extrinsic validity
Lex loci celebracionis
Intrinsic validity
Lex contractus
Contract involving encumbrance of property,
Lex situs
real or personal
Personal contracts
Lex contractus (lex loci voluntatis, lex loci
intentionis)
CONTRACT

EXTRINSIC VALIDITY

INTRINSIC VALIDITY

Barter, sale, donation


Lease of property
creating real rights
Pledge, chattel,
mortgage, antichresis
commodatum
Mutuum
Lease of property not
creating real rights
Lease of service,
agency, guaranty,
suretyship
Carriage

Lex situs
Lex situs

Lex situs
Lex situs

CAPACITY OF
PARTIES
Lex situs
Lex situs

Lex situs

Lex situs

Lex situs

Lex situs
Lex loci celebrationis
Lex loci celebracionis

Lex situs
Lex contractus
Lex contractus

Lex situs
Personal law
Personal law

Lex loci celebracionis

Lex contractus

Personal law

Lex loci celebrationis

Lex loci voluntatis

Personal law

TERMS AND DEFINITIONS:


Cognovit clause specify which courts
would have jurisdiction in case of breach or
default of payment, or it may waive debtors
right to notice

Arbitration clause many courts apply to


arbitration agreements the law of whatever
place the parties have designated as
governing to arbitrate

Choice of forum clause parties may


stipulate on the venue of the suit in case of
litigation concerning the contract. However,
a case arising from a contract will be
litigated in the forum chosen by the parties if
the choice of the forum clause specifically
identifies it as the only venue.

Adhesion contracts when there is proof


of arbitrariness, abuse of power, gross
negligence, the contract of stipulation will
not be enforced
Center of gravity approach apply the
law of the state which has the most
significant relationship to the parties