Civil Law – Conflict of Laws

Philippine Law Reviewers

CONFLICTS OF LAWS; Definition:

  1. That part of the law of each state or nation which determines whether, in dealing with a legal situation, the law or some other state or nation will be recognized, given effect, or applied (16 Am Jur, 2d, Conflict of Laws, §1).
  2. That part of municipal law of a 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/s (Paras).

DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW

BASIS

CONFLICT OF LAW

LAW OF NATIONS

1

Nature Municipal in character International in character

2

Persons involved Dealt with by private individuals; governs individuals in their private transactions which involve a foreign element Sovereign states and other entities possessing international personality, e.g., UN; governs states in their relationships amongst themselves

3

Transactions involved Private transactions between private individuals Generally affected by public…

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