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Table - Conflict of Laws

This document provides a table summarizing conflict of laws rules for various contract types under civil law. The table lists 9 types of contracts - including sales, lease, loan, agency, and guaranty - and identifies the applicable law for aspects like extrinsic and intrinsic validity, and parties' capacity based on factors like the location of subject property or celebration of the contract. For most contracts, extrinsic validity and parties' capacity are governed by location-based laws, while intrinsic validity and interpretation aspects usually apply the law of intent or the location connecting the parties' agreement.

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MiGay Tan-Pelaez
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1K views1 page

Table - Conflict of Laws

This document provides a table summarizing conflict of laws rules for various contract types under civil law. The table lists 9 types of contracts - including sales, lease, loan, agency, and guaranty - and identifies the applicable law for aspects like extrinsic and intrinsic validity, and parties' capacity based on factors like the location of subject property or celebration of the contract. For most contracts, extrinsic validity and parties' capacity are governed by location-based laws, while intrinsic validity and interpretation aspects usually apply the law of intent or the location connecting the parties' agreement.

Uploaded by

MiGay Tan-Pelaez
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Civil Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007

Table 1. Conflict Special Rule on Contracts


FACTUAL SITUATION POINT OF CONTACT 6. Simple Loan
1. Sales and Barter (Mutuum)
a) extrinsic validity a) lex situs a) extrinsic validity a) lex lcoi celebrationis
b) capacity of parties b) lex situs b) capacity of the b) national law
c) intrinsic validity c) lex situs parties c) lex loci vontuntatis
2. Lease of Property c) intrinsic validity or lex loci intentionis
a) extrinsic validity a) lex situs 7. Commodatum
b) capacity of parties b) lex situs a) extrinsic validity a) lex situs
c) intrinsic validity c) lex situs b) capacity of the b) lex situs
3. Lease of Services parties c) lex situs
a) extrinsic validity a) lex loci celebrationis c) intrinsic validity
b) capacity of parties b) national law 8. Pledge, Chattel
c) intrinsic validity c) loci voluntaris or lex Mortgage, Real
loci intentionis Mortgage, and
4. Contract of Antichresis
Common Carriage of a) extrinsic validity a) lex situs
Goods a) fixed situs of the b) capacity of the b) lex situs
a) extrinsic validity carrier (depot or resting parties c) lex situs
place) c) intrinsic validity
b) capacity of parties b) fixed situs of the NOTE: These are
c) intrinsic validity carrier accessory contracts
d) liability for loss, c) fixed situs of the only; therefore, if the
destruction, or carrier principal contract
deterioration of d) law of the destination (generally the contract
goods in transitu (Art. 1753, Civil Code) of loan) is defective,
5. Contract of Agency the accessory contract
a) extrinsic validity a) lex loci celebrationis must also be deemed
b) capacity of parties to (unless the agency defective)
be principal or agent deals with 9. Guaranty and
c) intrinsic validity conveyance or Suretyship
encumbering of a) extrinsic validity a) lex loci
property – in which b) capacity of the celebrationos
case the lex situs of parties b) national law
the property applies c) intrinsic validity c) lex loci voluntatis or
b) national law of the lex loci intentionis
parties (unless the
agency deals with the NOTE: These are also
conveyance or accessory contracts;
encumbering of if the principal
property – in which contract is defective,
case the lex situs of the accessory
the property applies) contract is also
c) lex loci voluntatis or generally defective.
lex loci intentionis
(unless the agency
deals with the
QuickTime™ conveyance
and a or
TIFF (Uncompressed) decompressor
are needed to see thisencumbering
picture. or
property, in which
case the lex situs of
the property applies

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