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Movable or Immovable?
IMMOVABLE PROPERTY
Lex situs (where the property is situated)
character of immovable property as an isolated object (law of the place where the land is situated) Immovable property as the factor not the parties
MOVABLE PROPERTY
Lex domicilii (owners domicile) Lex situs (where the property is situated) Lex loci actus (place where the transaction was completed and the proper law of the forum) Proper law of transfer (state which has the most real connection with the transfer)
Article 16 of the Civil Code Real property as well as personal property is subject to the law of the place where it is situated
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. (Article 16, par. 2, Civil Code)
Situs of Debts - Debt though intangible is subject to seizure like tangible - Debt is located where the debtor is because it is where he can be sued and the debt collected Situs of corporate share of stocks - The country or state where the corporation which issues them is registered and organized
TORT
- torque or to twist - Act or omission producing an injury to another without any previous existing relation of which the act or omission may be said to be a natural outgrowth or incident TORTFEASOR - 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.
- Not 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.
Wrongful act or omission took place and the law of the place where the injury or harm was sustained: General Rule: 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 injury or harm.
Choice between the law of the place in which a fatal injury was inflicted and the law of the place in which the resulting death took place General Rule: 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 injury was inflicted, and not the place where the resulting death occurred.
- Cause 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 jurisdiction will be refused.
Wrongful Death - Lex loci delicti commissi (place where the acts causing death was committed) Philippine 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 Philippines or is doing business or domiciled in the country and assume jurisdiction over the case. It may apply any of the other theories, which is just and fair.
MITSUI O.S.K. Lines Ltd vs. C.A 287 SCRA 366 (1998) The suit is not for loss or damage to good, the question of prescription of action is governed not by COGSA but by Art 114 of the Civil Code
MARRIAGE
Philippine Policy on Marriage
Sec 2, Article XV, 1987 Constitution Article 220 of the Civil Code
Article 2, Hague Convention on Celebration and Recognition of the Validity of Marriages Formal Requirement of Marriage
Article 3, Family Code
Effects of Marriage
Personal elations between the spouses
National 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
Parental Relations
Legitimacy of the child
personal law of the parents domicile/nationality Personal law of the father Law of the head of the family or husband or the mother (Germany)
Paternity (civil status of the father/mother with respect to the child begotten by him/her) Filiation (status of the child in relation to his parents) Philippines
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 (Art. 15, Civil Code)
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