CONFLICTS OF LAW PERSONAL LAW

-paras A person wherever he goes he will be

governed by his law of his country. His
personal law may be his “national law”,
CHAPTER 7: THE VARIOUS THEORIES “domiciliary law”, or the “law of the situs”,
ON STATUS AND CAPACITY depending upon the theory applied and
enforced in the forum.
- Justification: man as a social being so
Status those transactions of his daily life
- is the place of an individual in society which affect him most closely in a
and consists of personal qualities and personal sense may be governed
relationships more or less universally. In absence of such grave
permanent, with which the state and uncertainty will result.
the community are concerned. - Defect: nationality, domicile, situs
- Is a personal quality of relationship, has always been variable
not temporary in nature nor 3 Theories:
terminable at the mere will of the
parties, with which third persons and 1) NATIONALITY theory (Personal)
the state are concerned. (Beale, Art. 15 NCC
COL) Art. 16
Art. 21 FC
Capacity
Art. 1039 of NCC
- Is merely a part of status, and may be 2) DOMICILIARY theory (territorial)
defined as the sum total of his rights 3) SITUS theory (Eclectic)
and obligations (Graveson COL)
- Combine citizens should be
2 kinds of Capacity (NCC) governed by their national law and
1) Capacity to act – (active capacity) aliens by their domiciliary law
- Power to do acts with legal effects;
2) Judicial Capacity – (passive
capacity)
- The fitness to be the subject of legal
relations (art. 37 of NCC)
Characteristics of Status
1) It is conferred principally by the state
not by the individual
2) Status is a matter of public or social
interest,
3) It is being a concept of social, cannot
be easily be terminated at the mere
will or desire of the parties.
4) It is universal character. It is generally
judicially recognized all over the
world.