CONFLICT OF LAWS

COURSE SYLLABUS (SECOND SEMESTER, AY 2017- 2018)

Atty. Rosalie J. de la Cruz, CPA, MPA, PGDip, LLM

Course Description: The course is a study of the concepts, rules and

doctrines in private international law, focusing on the problems and issues
relative to the jurisdiction and choice-of-law in theory and practice,
including developments into the new millennium.

Credit: 2 units

Method of Instruction: The Socratic method of instruction will be used.

Every meeting, the students will be called to recite within the assigned
topic and cases, and the professor shall amplify/ supplement what has
been recited by the students. All cases assigned must be read in the
original and the students called to recite are expected to explain/ recite
the same.

Reference Books:
Conflict of Laws by Pe Benito
Conflict of Laws by Coquia and Pangalangan
Conflict of Laws by Agpalo

Grade Computation:

Midterm Period Class Standing - 50%

Midterm Examination - 50%
Midterm Period Grade - 100%

Final Period Class Standing - 50%

Final Examination - 50%
Final Period Grade - 100%
Midterm Period Grade + Final Period Grade = Final Grade
2

COURSE OUTLINE *

A. Introduction
1. Scope of Conflict of Laws
2. Brief History and Development of Conflict of Laws
3. Sources of Conflict of Laws

B. Jurisdiction and Choice of Law

1. Jurisdiction
2. Choice of Law
3. The Problem of Characterization
4. The Problem of Renvoi
5. Notice and Proof of Foreign Law

C. Personal Law
1. Nationality
2. Domicile
3. Principles on Personal Status and Capacity
D. Choice of Law in Family Relations
1. Marriage
2. Divorce and Separation
3. Annulment and Declaration of Nullity
4. Parental Relations
5. Adoption

E. Choice of Law in Property

1. The Controlling Law
2. Capacity to Transfer or Acquire Property
3. Extrinsic and Intrinsic Validity of Conveyance
4. Exceptions to Lex Situs Rule
5. Situs of Certain Properties
6. Patents, Trademarks, Trade Name and Copyright

F. Choice of Law in Contracts

1. Contracts Involving a Foreign Element
2. Extrinsic and Intrinsic Validity of Contracts
3. Capacity to Enter into Contracts
4. Choice of Law Issues in Conflicts Contracts Cases
5. Limitations to Choice of Law

G. Choice of Law in Wills, Succession and Administration of Estates

1. Extrinsic and Intrinsic Validity of Wills
2. Interpretation of Wills
3. Revocations
4. Probate
5. Administration of Estates
6. Trusts

H. Choice of Law in Torts and Crimes

1. Policies Behind Conflicts Tort Law
2. Lex Loci Delicti Commissi
3. Modern Theories on Foreign Tort Liability
4. Foreign Tort Claims
5. Lex Loci Delicti

I. Choice of Law Affecting Corporations and Other Juridical Entities

1. Corporations
2. Partnerships

J. Recognition and Enforcement of Foreign Judgments

*- The cases required to be read are in a separate list.