The document outlines the course objectives, policies, and content for a Conflict of Laws course. The main objective is for students to understand fully the concept of private international law and how it differs from public international law. The course will cover topics such as general concepts of conflict of laws, jurisdiction, ways of disposing conflict problems, theories on why foreign law may be applied, nature of conflict rules, status and capacity, and recognition of foreign judgments. Students will be graded based on submissions/assignments and assessment tests, which will together make up their final grade.
The document outlines the course objectives, policies, and content for a Conflict of Laws course. The main objective is for students to understand fully the concept of private international law and how it differs from public international law. The course will cover topics such as general concepts of conflict of laws, jurisdiction, ways of disposing conflict problems, theories on why foreign law may be applied, nature of conflict rules, status and capacity, and recognition of foreign judgments. Students will be graded based on submissions/assignments and assessment tests, which will together make up their final grade.
The document outlines the course objectives, policies, and content for a Conflict of Laws course. The main objective is for students to understand fully the concept of private international law and how it differs from public international law. The course will cover topics such as general concepts of conflict of laws, jurisdiction, ways of disposing conflict problems, theories on why foreign law may be applied, nature of conflict rules, status and capacity, and recognition of foreign judgments. Students will be graded based on submissions/assignments and assessment tests, which will together make up their final grade.
The document outlines the course objectives, policies, and content for a Conflict of Laws course. The main objective is for students to understand fully the concept of private international law and how it differs from public international law. The course will cover topics such as general concepts of conflict of laws, jurisdiction, ways of disposing conflict problems, theories on why foreign law may be applied, nature of conflict rules, status and capacity, and recognition of foreign judgments. Students will be graded based on submissions/assignments and assessment tests, which will together make up their final grade.
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Description
Conflict of law is that part of the municipal law of the state which directs its courts and administrative agencies, when confronted with a legal problem involving a foreign element, whether or not they should apply a foreign law or foreign laws. (Edgardo Paras) It is also referred to as Private International Law.
Course Goals/Objectives
The main objective of the course is finish the syllabus which covers the concepts, procedures, and application of Conflict of Law as part of the wide realm of civil law. After the course, students should be able to understand fully the concept of private international law, on its own, and as opposed to public international law. Students should be able to grasp its theoretical and practical application, for purposes of the bar examination and law practice.
Grading Policies
Submissions/Assignments 50%
Assessment Tests/Recitation 50%
Course Outline
I. General Concepts of Conflict of Laws
A. International Law
B. Definition of Conflict of Law
C. Sources of Conflict of Law
D. Importance of the Subject
E. Functions of Conflict of Law
F. Differences between Public and Private International Law
1. The Doctrine of Incorporation
2. Local/Municipal/Domestic Law and International Law
G. Basic Causes of Conflict Problems
H. Phases in Conflict Resolution
II. Jurisdiction
A. Requisites for Valid Exercise of Jurisdiction
B. Summons
III. Ways of Disposing Conflict Problems
A. Application of the Internal or Domestic Law
B. Application of the Proper Foreign Law
1. How to Prove Foreign Law
2. Pleading Foreign Law
3. Doctrine of Processual Presumption
4. Proof of Unwritten Law
C. Assumption of Jurisdiction
1. When the law of the forum expressly provides for the application of internal law
2. When the proper foreign law has not been properly proven and proved
3. When the case involves exception to comity
D. Exceptions to Application of the Proper Foreign Law
E. Renvoi
IV. Theories on Why the Proper Foreign Law May Be Given Effect
A. Nature and Proof of Foreign Judgments
V. Nature and Composition of Conflict Rules
A. Characterization and Classification of Conflicts Rules and Judgments
VI. Various Theories on Status and Capacity
VII. Recognition versus Enforcement of Judgment
A. Conditions and Requisites before foreign judgments be recognized and enforced in the Philippines
