Conflict of Laws Dean Gesmundo
Based on the lecture of Dean Gesmuno on conflict of laws...
CIVIL LAW REVIEWER(DEAN GESMUNDO) CONFLICT OF LAWS PARAS DEFINITION OF CONFLICT OF LAWS:
conflict of laws you cannot that will embody conflict of laws.
Conflict of laws – is that part of the 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 or foreign laws.
FOUR IMPORTANT ELEMENTS OF THIS DEFINITION: 1. Conflict of laws is part of the municipal law of the state. 2. There is a directive to courts and administrative agencies 3. There is a legal problem involving a foreign element 4. There is an application or nonapplication of a foreign law or foreign laws.
Q. What is the problem regarding the definition of Paras? A. This is vague which is inconsistent with the concept of definition. EXPLANATION:
THAT PART OF MUNICIPAL LAW:
Paras says, “that part” is vague because of the nature of conflict of laws. The deeper meaning of “that part” is that it is part of a whole. Part of a whole because when you talk about civil law it is not entirely civil law it also the as regards criminal law, labor law etc.
Q. Ano yung ibig sabihin nung “That part of Municipal law?”
The nature of the conflict of law forces Paras to say “that part” when you talk about Criminal law, you go to the Revised penal code, if we talk about Insurance law, we go to the insurance code or when we talk about the corporation law we go to the corporation code. However, when you talk about conflicts of law wala kang pupuntahan! Unlike other branches of laws. You have a problem in crimes you go to the Revised penal code. But in conflicts of laws, wala kang pupuntahan. And it also alludes to the level of development of conflict of laws. Conflict of laws is the most least developed of all the laws. Kaya nga may Civil code tayo. Ung crimes defined na yan. Ung Conflict of laws matagal na pero wala pa rin. Hahanapin mo pa! Unlike other laws, you can pinpoint which law. But in
A. When your local officials passed an ordinance, that is a municipal law. But that is not the municipal law that we are talking about here. Q. What is that, that is not municipal law? A. International law Municipal law – the term municipal law here is used to distinguished that which is not international law. We are talking about two bodies of laws, one is municipal the other is International law. Here in conflict of laws it is considered municipal law. Q. Conflict of laws is that part of municipal law of the state, what does it tells you? A. It talks about the conflict of laws of the Philippines. Because there are other states that has conflict of laws. Hindi natin pagaaralan ang batas ng ibang bansa! We are going to look at this from the Philippine perspective.
Kenneth Irvin D. Ng 2013-0599 1 | P a g e
CIVIL LAW REVIEWER(DEAN GESMUNDO) CONFLICT OF LAWS As a General statement, hindi natin pagaaralan ang conflict of laws ng ibang bansa, only insofar as the fabrication of Philippine conflict of laws is concerned. Hindi mo rin maiiwasan un. Madaming situwasyon na dadalhin ka sa batas ng ibang bansa. Q. What is the SIGNIFIANCE of this?
differentiated the way it is structured. Kung maalala mo kanina, Paras is forced to say “that part” which makes it vagues, kase nasan ba ang conflict of laws? Wala kang matuturo, kase hahanapin mo pa. So kalat kalat. Q. How do we able to identify conflict of law provision from that which is not conflict of provision
Example: You have 3 countries:
A. Conflict of law directs, while ordinary provision does not.
Country A – Rape yan Country B- you call that Seduction Country C – You call that submission Another example: A – puputlan sya ng Ulo B – puputlan sya ng ulo C – ganun din ang nangyare bibigyan sya ng 1M Q. Sino ang tama? Which one is correct?
Gusto mag asawa ni Juana, how old must she be in order for her to marry? Ordinary law – you find a law and how will that law you give the answer? It will say, 18 YEARS OLD! Sa conflict of law: How old must she be? It will not give you an answer right away, rather it will give you to a legal system. Kung gusto mo malaman ang sagot dyn, punta ka sa batas na ganito, punta ka sa legal system na ganito.
A. Walang tama dyn! Because of the concept of sovereignty. Hindi eto ung pagalingan na ako tama.
For example: Pupunta ka sa Japanese law.
THERE IS A DIRECTIVE TO COURTS AND ADMINISTRATIVE AGENCIES:
A. No, hindi pa rin. Kase pedeng sabihin ng Japanese law, punta ka naman sa Nepanese law. Tapos pag dating sa Nepanese law, sasabhin naman punta Philippine law.
Conflicts of law which directs a court or administrative agencies: Q. Diba etong term na which directs inconsistent? A. The law MANDATES! Eto yan! Now we have a law that directs. Conflict of laws is differentiated from any other ordinary laws. Conflicts of laws directs while ordinary laws do not direct. Conflict of laws is
Q. Will you find the answer there?
As oppose to ORDINARY LAW, nandun yan sa Family code, 18 years of age! THERE IS A LEGAL PROBLEM INVOLVING A FOREIGN ELEMENT: When confronted with legal problem which involves a foreign element.
Kenneth Irvin D. Ng 2013-0599 2 | P a g e