Area of Law Family Relations Marriage Extrinsic validity

Governing Law

Other Notes

Lex loci celebrationis

Except bigamous, polygamous or incestuous marriages, parties are underage, subsequent marriage performed without recording in the civil registry annulment, partition and distribution of legitime; mistake in identity; psychological incapacity; void because of public policy Except polygamous and incestuous marriages, contravention of public policy husbands prevails if not contrary to law, customs, and good morals except if 1)both spouses are aliens 2) with respect to extrinsic validity of contracts not in the Philippines executed where the property is located 3) extrinsic validity of contract entered into the Philippines but affecting property situated in a foreign country requiring different formalities

Intrinsic Validity

Personal Law (domicile or nationality)

Effect of Marriage

National law of parties;

Property Relations

Philippine law (lex rae sitae)

Divorce

With Filipino - No validity, except Art 26 Foreigners no provision; comity provided it does not violate strongly held policy Traditional lex loci celebrationis Policy-centered marital domicile National law of parents Legitimate father Illegitimate - mother Lex domicilii Personal law of child Lex fori not substantial

Declaration of Nullity

Parental Relations

Adoption Welfare of child

Unless such is incidental

Effect of Adoption

(Adoption created by personal law of adopter) same law (Adoption created by personal law of child) personal law of adopting parents Lex situs Philippines: both lex situs (Art May be: Lex situs, lex domicilii, or 16), except lex loci actus (transaction) Transaction does not Lex situs affect transfer of title Real property is security (accessory contract lex situs, principal contract) Testate and intestate succession (national law) Lex loci celebrationis Law of place of making Law of place of performance Law intended by parties Personal law

Property Immovable Movable Extrinsic and Intrinsic validitiy of conveyance Tax Money Debts Corporate Shares of stock Patent, Trademark Contracts 1. Extrinsic validity 2. Intrinsic Validity

3. Capacity to Enter 4. Special contracts Barter Simple loan Loan by private individual Pledge/chattel mortgage/antichresis

Lex situs Law of place of business Law where loan was obtained Lex situs

Succession 1. Extrinsic Validity of wills

Lex nationalii, lex loci celebrationis Lex nationalii Lex nationalii, lex intentionis Law of place of revocation

Joint wills expressly invalidated

2. Intrinsic Validity of wills 3. Interpretation of wills 4. Revocation

Common law domicile at time of death