Conflicts of Law Terminology

Provided hereinbelow are some terms and their definition/discussion commonly used in Conflicts of Law:

Lex Domicilii - law of the domicile; in conflicts, the law of one's domicile applied in the choice of law questions

Lex Fori - law of the forum; that is, the positive law of the state, country or jurisdiction of whose judicial system of the court where the suit is brought or remedy is sought is an integral part. Substantive rights are determined by the law where the action arose (lex loci) while the procedural rights are governed by the law of the place of the forum (lex fori)

Lex Loci - law of the place

Lex Loci Contractus - the law of the place where the contract was made or law of the place where the contract is to be governed (place of performance) which may or may not be the same as that of the place where it was made

Lex Loci Rei Sitae - law of the place where the thing or subject matter is situated; the title to realty or question of real estate law can be affected only by the law of the place where it is situated

Lex Situs - law of the place where property is situated; the general rule is that lands and other immovables are governed by the law of the state where they are situated

Lex Loci Actus  - law of the place where the act was done

Lex Loci Celebrationis - law of the place where the contract is made

Lex Loci Solutionis - law of the place of solution; the law of the place where payment or performance of a contract is to be made

Lex Loci Delicti Commissi - law of the place where the crime took place

Lex Mereatoria - law merchant; commercial law; that system of laws which is adopted by all commercial nations and constitute as part of the law of the land; part of common law

Lex Non Scripta - the unwritten common law, which includes general and particular customs and particular local laws

Lex Patriae  - national law

Renvoi Doctrine - doctrine whereby a jural matter is presented which the conflict of laws rules of the forum refer to a foreign law which in turn, refers the matter back to the law of the forum or a third state. When reference is made back to the law of the forum, this is said to be "remission" while reference to a third state is called "transmission."

Nationality Theory - by virtue of which the status and capacity of an individual are generally governed by the law of his nationality.  This is principally adopted in the RP

Domiciliary Theory - in general, the status, condition, rights, obligations, & capacity of a person should be governed by the law of his domicile.

Long Arm Statutes - Statutes allowing the courts to exercise jurisdiction when there are minimum contacts between the non-resident defendant and the forum.

Primer On Warehouse Receipt

A warehouse receipt is a written acknowledgement by a warehouseman that he has received and held certain goods therein described in store for the person to whom it is issued.

A warehouseman is the person lawfully engaged in the business of storing goods for compensation for such service.

To whom delivered:

Upon demand made by the holder of the receipt or depositor provided such demand is accompanied by:

1. an offer to satisfy warehouseman's lien;

2. an offer to surrender receipt; and

3. a readiness and willingness to sign. (Sec. 8)

Kinds:

Negotiable - if deliverable to order or to bearer;

Non-negotiable - if deliverable to a specified person it must be stamped, otherwise warehouseman is liable to person believing it to be negotiable.

Conflicting Claims - remedy of a warehouseman is to file an action for interpleader.

Warehouseman's Lien - this is effective on the goods deposited which operate as a retaining lien until his charges are paid. The lien is lost (a) by surrender of goods, and (b) refusal to deliver goods when demand is proper.

Remedies Available to Warehouseman to Enforce his Warehouseman's Lien:

1. To refuse to deliver the goods until his lien is satisfied.

2. To sell the goods and apply the proceeds thereof to the value of the lien.

3. To institute an action for collection judicially.

Lawful Reasons or Justifications for a warehouseman's refusal to Deliver the Goods:

1. The conditions prescribed in Sec. 8 of Art. 2137 was not satisfied by the holder of the receipt.

2. The warehouseman has legal title in himself on the goods either through transfer or satisfaction of warehouseman's lien.

3. The warehouseman has legally set-up the title or right of third persons as lawful defense for non-delivery of goods.

4. The warehouseman has a lien valid against the person claiming the goods.

5. The failure was not due to any fault on the part of the warehouseman such as calamity and fortuitous event.

Distinction between Negotiable Instrument and Negotiable Warehouse Receipt

1. as to alteration – negotiable instrument becomes null and void while negotiable warehouse receipt is still valid but enforceable only in accordance with its original tenor.

2. if originally payable to bearer - in negotiable instrument it will always remain payable to bearer regardless of the way it is endorsed, whether specially or in blank while in negotiable warehouse receipt if it is payable to bearer endorsed specially, it will be converted into receipt deliverable to order and can only be negotiated further by endorsement and delivery.

3. as to rights of holder - in negotiable instrument, a holder in due course may be able to obtain the title better than which the party negotiated the instrument to him had, while in negotiable warehouse receipt, the endorsee, even if holder in due course, obtains only such title as the person negotiating had over the goods.

Validity and Effect of Legacy and Devise

Validity and Effect of Legacy/Devise

Thing owned in part by testator (Article 929)

General Rule: Conveys only interest or part owned by testator Exception: if testator otherwise provides – a.    He may convey more than what he owns - the state shld try to acquire the part or interest owned by other parties. If other parties are unwilling to alienate, the estate should give the legatee/devisee the monetary equivalent (analogy with Article 931) b.    He may convey less than what he owns (Article 794)

Thing owned by another (Articles 930-931)

General Rule: a.    If testator ordered acquisition of the thing - the order should be complied with. If the owner is unwilling to part with the thing, the legatee/devisee should be given the monetary equivalent b.    If testator erroneously believed that the thing belonged to him - legacy/device is void Exception: if testator acquire the thing onerously or gratuitously after making of the disposition, disposition is validated c.    If testator knew that the thing did not belong to him but did not order its acquisition - code is silent but disposition shld be considered valid (Balane & Tolentino) - there is an implied order to acquire & doubts must be resolved in favor of intestacy

Thing already owned to the legatee/devisee (Articles 932-933)	a.  If thing already belonged to legatee/devisee at time of execution of will – legacy/devise is void b.  If thing was owned by another person at time of making the will and thereafter it is acquired by legatee/devisee – 1.    If testator erroneously believed that he owned the thing – legacy /devise is void 2.    If testator was not in error - i.      If thing was acquired onerously by  legatee/devisee, the legatee/devisee  is  entitled to be reimbursed ii.     If thing was acquired gratuitously by  legatee/devisee  – nothing is due iii.    If thing was owned by testator at time will was made and  legatee/devisee  acquired the thing from him thereafter – law is silent (Balane: deemed revoked)
Legacy/Devise to remove an encumbrance over a thing belonging to testator (Article 932 par 2)	Valid, if the encumbrance can be removed for a consideration
Legacy/Devise of a thing pledged or mortgaged (Article 934)	The encumbrance must be removed by paying the debt unless the testator intended otherwise