Civ Rev Quiz2
Civ Rev Quiz2
Civ Rev Quiz2
QUIZ #2
1. What is transmission theory in relation to the renvoi
doctrine?
Transmission theory states that when the first state refers
the case back to the second state, the second state will refer
it to the third state.
2. Support in arrears cannot be waived because the waiver
will be contrary to public policy.
FALSE. You can waive support for the past because you
have survived the past without such support (food, clothing,
etc.). However, you cannot waive the right to be supported
for the future because that would be contrary to public
policy.
3. The performance of a contractual obligation is also
governed by lex loci celebrationis.
FALSE. What is governed by lex loci celebrationis is the
formality of the contract. Performance of an obligation is
governed by the law of the place of performance.
NOTE: Pag ang subject matter ay ang performance ng
obligation ang magogovern ay yung place where it will be
performed. Example, nagkaroon ng agreement, nag sulat
kayo ng contract sa China pero ang nakalagay sa contract,
ibibigay mo ang product sa Philippines, therefore, yung PH
laws ang mag aapply with regard to the performance. Pero
with regard to the formality or execution of contract, CH
laws magaapply.
4. The private complainant in a criminal action for violation
of BP 22 may reserve the civil action.
FALSE. It is prohibited. You cannot reserve the civil aspect
of a criminal charge for a violation of BP 22, but of course
you can file the civil action ahead of the criminal action.
What is prohibited is the reservation of the civil action.
5. There is still a need to make a reservation of the civil action
under Art. 33 of the Civil Code.