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Conflicts of Law Outline
Conflicts of Law Outline
COURSE OUTLINE
2018-2019
CHAPTER 1
Preliminary Consideration
CHAPTER II
What the tribunals of the forum must do
CHAPTER III
Theories on why the foreign law may be given effect
1. Theory of Comity
2. Theory of Vested rights
3. Theory of Local Law
4. Theory of Harmony of laws
5. Theory of Justice
CHAPTER IV
The nature and proof of foreign Judgment
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5. Conditions and requisites before foreign judgments may be recognized
and enforced in the Philippines
6. Provisions of the rues of court on foreign judgments
CHAPTER V
Nature and Composition of Conflicts Rules
CHAPTER VI
THE CHARACTERIZATION OF CONFLICTS RULES
• 1. What is characterization
• 2. Factors which give rise to the problem of characterization
• 3. Steps in Characterization
• Determination of the facts involved
• Characterization of the factual situation
• Determination of the conflicts rule which is o be applied
• Characterization of the point of contact or the connection factor
• Characterization of the problem as procedural or substantive
• Pleading and proving of the foreign law
• Application of the proper foreign law to the problem
Chapter VII
THE VARIOUS THEORIES ON STATUS AND CAPACITY
Status
Capacity
• Characteristics of Status
• Personal Law
• Defect of Personal Law
Chapter VIII
The NATIONALITY Theory
Nationality
• Citizenship
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• Defects of the Nationality Theory
• Citizens of the Philippines
• Jus soli
• Jus sanguinis
• Dual or Multiple Nationalities
• Theory of Effective Nationality
• Problem of Stateless Individuals
• Citizenship of Filipino Woman who Marries a Foreigner
• Citizenship of Foreign Woman who Marries a Filipino
Naturalization
1. Attributes of Naturalization
2. Qualifications for Naturalization
3. Steps in Naturalization proceedings
4. Cancellation of the Naturalization
5. Denaturalization proceedings
6. How may citizenship be lost?
7. How Philippine citizenship may be los
8. How Philippine citizenship may be reacquired?
Chapter IX-
THE DOMICILARY THEORY
Chapter X
THE SITUS OR ECLECTIC THEORY
Chapter XI
THE PROBLEM OF RENVOI
1. Renvoi Problem
2. Proposed Solutions
3. Transmission
4. Double Renvoi distinguished from Transmission
5. Implications Renvoi and Transmission
6. Argument in favor of the proposed solutions
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7. Illustrative Cases
Chapter XII
RULES ON STATUS IN GENERAL
Chapter XIII
MARRIAGE AS A CONTRACT
1. Marriage defined
2. Aspects of Marriage
3. Rules on Marriage as a Contract
4. Marriage as a Contract
5. Formal requisites of Marriage In Conflict of Laws
6. Substantial or essential Requisites
7. Marriages celebrated abroad between Filipinos
8. Marriages celebrated abroad between Foreigners
9. Mixed Marriages celebrated abroad
10. Marriages celebrated in the Philippines between foreigners
11. Mixed Marriages in the Philippines
12. Marriages by Proxy
13. Contract of Marriage distinguished and Ordinary Contract
Chapter XIV
MARRIAGE AS A STATUS
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11. Immutability of the Regime distinguished from Mutability of the Law
Chapter XV
ANNULMENT OF VOIDABLE MARRIAGE AND
NULLITY OF VOID MARRIAGE
Chapter XVI
ABSOLUTE DIVORCE
Chapter XVII
LEGAL SEPARATION
Chapter XVIII
PATERNITY AND FILIATION, ADOPTION,
GUARDIANSHIP AND FUNERALS
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8. Guardianship (Person; property)
9. General Guardians
10. Guardianship Rules in the Philippines
11. Funerals
Chapter XIX
REAL AND PERSONAL PROPERTIES
Chapter XX
WILLS, SUCCESSION AND ADMINISTRATION
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8. Intrinsic Validity of Contract
9. Conflict Rules for Specific Contracts
Chapter XXII
TORTS (QUASI-DELICTS)
Chapter XXIII
CRIMES
Chapter XXIV
JURIDICAL PERSONS
1.Synopsis of Conflict rules
2.Corporation defined
3.Theories on the Personal or Governing law of a Corporation
4.The Grandfather Rule
5.What the Personal Law of the Corporation Governs
6.Validity of Corporate Acts and Contracts
7.Right to Sue ad Amenability to Court Processes
8.Manner and effect of Dissolution
9.Domicile of a Corporation
10.Receivership of a Corporation
11.Partnerships
12.Conflict Rules on Partnerships
13.Receivership of a Partnership
CASES
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