Crimes committed against national security and the law of nations Art 15 Laws

Crimes committed against national security and the

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Crimes committed against national security and the law of nations Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. (9a) NATIONALITY THEORY National law of the person is applied in matters involving personal relations. DOMICILIARY / TEERITORIALITY THEORY Law of the domicile is applied on matters involving personal relations. Status : designate the circumstances affecting the legal situation of a person in view of his age, nation and his family membership Condition : mode or state of being; state or situation; essential quality; status or rank Legal Capacity : - legal power to enter into binding obligations or to enjoy the privileges of a legal status - party is in the full exercise of his civil rights or has the character or representation that he claims Testamentary : to make a legally effective will Contractual : to enter into a legally binding contract Marital : to enter into a valid marriage [Vandorn vs Romillo] – foreign spouse obtains validly the divorce abroad, the Filipino is then freed from the marriage bond. Rationale A person is wholly bound to observe the laws of his native land, although he may reside in another and different country, BECAUSE such laws are MORE SUITED to his personal affairs. “Man’s activity is not limited and circumscribed within his native country.” Exceptions 1. Capacity to contract (involved real or personal property) -Art16 (Lex Rei Sitae) (where the property is situated) 2. Capacity of an heir to inherit -Art1039 (National Law of the decedent) 3. Capacity to make a will -Art17(Lex Loci Celebrationis) -forms under the extrinsic validity of the will
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***DISCUSSION*** Nationality Theory ALL ISSUES pertaining to (see 00:47…) the Family rights, conditions, status or legal capacity = determined of the national law of the person involved Applicable both Filipino and foreigners (under their respective national laws) (Recto vs Harden) (Van Dorn vs Romillo) (Pilapil vs Ibay-Somera) -other countries adopt Domiciliary Theory Art. 16. Real property as well as personal property is subject to the law of the country where it is stipulated. However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. (10a) LEX REI SITAE / LEX SITUS Property shall be governed by the law of the place where it is situated - lands and immovable - in transactions like sale, lease, barter, mortgage, or any other form of alienation of property - personal property Exceptions ( LEX NATIONALI* ) 1. Order of succession in intestacy (preference) 2. Amount of successional rights (amount) 3. Intrinsic validity of the provision of the will (effectiveness of the dispositions in the will) 4. Capacity to succeed (capacity to inherit) * Art. 1039. Capacity to succeed is governed by the law of the nation of the decedent.
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