Professional Documents
Culture Documents
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
LEGAL SEPARATION
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
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
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
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
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
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 contractus
Personal law
Personal law