Private international law, otherwise known as conflict of laws, is a
subdivision of private law under the civil law system. It deals with a wide
variety of approaches in determining the proper system of laws, whether
municipal law or foreign law, that should govern a particular case or a
particular issue.
Normally, the system of laws that should govern a dispute is beyond question. It normally should be that which governs the court in which the case is pending. For example, here in the Philippines, we apply Philippine law, as a rule, in resolving legal disputes. However, due to the existence of what is called a “foreign element,” private international law disputes necessitate an analysis of foreign laws or foreign court judgments.
The realm of private international law, also called "conflict of laws" under the old Philippine law school curriculum, constitutes a significant subdivision within private law under civil law jurisdictions. Private international law is so significant in fact that, in law schools in this country, the prerequisites are:
Normally, the system of laws that should govern a dispute is beyond question. It normally should be that which governs the court in which the case is pending. For example, here in the Philippines, we apply Philippine law, as a rule, in resolving legal disputes. However, due to the existence of what is called a “foreign element,” private international law disputes necessitate an analysis of foreign laws or foreign court judgments.
The realm of private international law, also called "conflict of laws" under the old Philippine law school curriculum, constitutes a significant subdivision within private law under civil law jurisdictions. Private international law is so significant in fact that, in law schools in this country, the prerequisites are:
- Persons and Family Law;
- Obligations and Contracts;
- Agency, Trust and Partnership Law;
- Corporation and Basic Securities Law;
- Labor Law and Social Legislation;
Basic Succession Law; - Property and Land Law;
- Commercial Laws I; and
- Basic Taxation Law.
It is safe to say that private international law has the most number of
prerequisites in law school and is considered as a "quasi-review subject."
The reason for this is understandable, i.e., conflict of laws as a subject
covers many areas of law from a different perspective. This perspective
change is a result of the existence of a foreign element that necessitates
the use of unique approaches -- known as "choice of law" approaches - in
resolving a dispute that would otherwise be straightforward without such
foreign element.
This subject's fundamental concern lies in navigating the complexities that arise when a legal dispute possesses a factual connection to more than one system of law. While the conventional expectation is that the legal framework governing the court where an action is initiated should dictate the resolution of the matter, the presence of what is termed a "foreign element" justifies a departure from this presumption. Such instances compel a meticulous analysis of foreign legal principles or the pronouncements of foreign judicial bodies to ascertain the appropriate legal regime applicable to the specific case or the particular issue at hand.
This subject's fundamental concern lies in navigating the complexities that arise when a legal dispute possesses a factual connection to more than one system of law. While the conventional expectation is that the legal framework governing the court where an action is initiated should dictate the resolution of the matter, the presence of what is termed a "foreign element" justifies a departure from this presumption. Such instances compel a meticulous analysis of foreign legal principles or the pronouncements of foreign judicial bodies to ascertain the appropriate legal regime applicable to the specific case or the particular issue at hand.
To emphasize, the presence of a "foreign element" serves as a trigger to
invoke the principles of private international law. This element
essentially establishes a nexus between a given legal scenario and two or
more national legal systems. These factual circumstances -- also called
"connecting factors" -- can manifest in various forms.
For example, the diverse nationalities or habitual residences of the litigating parties may introduce a foreign element. Consider a contractual agreement entered into between a citizen of the Philippines and a corporation domiciled in Japan. Similarly, the geographical location where the operative facts of a legal dispute transpired can constitute a foreign element, as exemplified by a vehicular collision occurring within Thailand involving a Filipino tourist and a resident of Thailand.
Furthermore, the situs of property involved in a dispute can activate, so to speak, the application of private international law principles, such as in the case of community property situated in Spain but owned by spouses residing in the Philippines, one Filipino and the other Canadian, who are undergoing dissolution of their marriage. Likewise, the place where a contractual undertaking was perfected or where its performance is stipulated can introduce a foreign element, as seen in an agreement between a company legally existing in Singapore and a corporation with a branch in Australia, with the contract having been perfected and executed in Malaysia and requiring fulfillment of obligations within the territory of Indonesia. Finally, the locus of a tortious act (whether locus criminis or loci delicti) can give rise to the necessity of applying a foreign law, such as when a product manufactured by a French entity, deemed to be defective under French laws, causes injury to a consumer within the Philippines.
The overarching objective of private international law in such scenarios is the identification of the "proper law" or the "governing law" -- known as "lex causae" -- the specific legal system whose substantive rules should be employed to adjudicate the particular legal questions presented. This determination is not always self-evident and requires the application of established legal rules and principles designed to identify the law with the most significant connection to the matter at issue. From this discussion, it becomes clear that one important consideration in conflict of laws is whether the dispute has significant and minimum connection with a particular legal system.
For example, the diverse nationalities or habitual residences of the litigating parties may introduce a foreign element. Consider a contractual agreement entered into between a citizen of the Philippines and a corporation domiciled in Japan. Similarly, the geographical location where the operative facts of a legal dispute transpired can constitute a foreign element, as exemplified by a vehicular collision occurring within Thailand involving a Filipino tourist and a resident of Thailand.
Furthermore, the situs of property involved in a dispute can activate, so to speak, the application of private international law principles, such as in the case of community property situated in Spain but owned by spouses residing in the Philippines, one Filipino and the other Canadian, who are undergoing dissolution of their marriage. Likewise, the place where a contractual undertaking was perfected or where its performance is stipulated can introduce a foreign element, as seen in an agreement between a company legally existing in Singapore and a corporation with a branch in Australia, with the contract having been perfected and executed in Malaysia and requiring fulfillment of obligations within the territory of Indonesia. Finally, the locus of a tortious act (whether locus criminis or loci delicti) can give rise to the necessity of applying a foreign law, such as when a product manufactured by a French entity, deemed to be defective under French laws, causes injury to a consumer within the Philippines.
The overarching objective of private international law in such scenarios is the identification of the "proper law" or the "governing law" -- known as "lex causae" -- the specific legal system whose substantive rules should be employed to adjudicate the particular legal questions presented. This determination is not always self-evident and requires the application of established legal rules and principles designed to identify the law with the most significant connection to the matter at issue. From this discussion, it becomes clear that one important consideration in conflict of laws is whether the dispute has significant and minimum connection with a particular legal system.