Private International Law Reviewer

Fill-in-the-blank review flashcards covering fundamental concepts, historical development, jurisdictional rules, and key jurisprudence in Private International Law.

There are nearly __________ sovereign states in the world, each with its own legal system.

190

The Bustamante Code was adopted in the year __________ in Havana for civil, commercial, penal, and procedural law unification.

1928

The Hague Conference on Private International Law has produced over 30 conventions since the year __________.

1951

The basis of applying foreign laws is not extraterritoriality, but __________ of nations.

comity

In Hilton v Guyot (1895), the US Supreme Court ruled that recognition of foreign judgments in the US requires __________.

reciprocity

In Hilton v Guyot, Hilton and Libbey were US citizens who lost a case in France and were ordered to pay __________.

$195,000

In 1901, __________ defined conflict of laws as universal principles guiding courts when dealing with foreign laws.

Minor

The JCR framework in private international law stands for Jurisdiction, Choice of Law, and __________.

Recognition and enforcement of foreign judgments

In ancient Roman law, __________ applied to foreigners and citizens alike, based on good faith and fairness.

jus gentium

Italian jurist Bartolus (1314–1357) is recognized as the __________.

father of conflict of laws

Joseph Story published his influential Commentaries on Conflict of Laws in the year __________.

1834

Joseph Beale formulated the __________ theory in the Restatement, First, of Conflict of Laws.

vested rights

The Restatement Second (1969) introduced the __________ test for choice-of-law issues.

most significant relationship

The Spanish Civil Code of 1889 was in force in the Philippines from 12/07/1889 until __________.

08/30/1950

According to Graveson, conflict of laws is more completely __________ than almost any other branch of law.

judge made

__________ jurisdiction refers to a state's authority to enact rules and apply them to persons and property within its territory.

Legislative

Under Pennoyer v Neff (1878), service by publication is inadequate for an __________ judgment against a nonresident.

in personum

International Shoe Co. v Washington (1945) established that due process requires a defendant to have __________ with the forum.

minimum contacts

In Shaffer v Heitner (1977), the US Supreme Court extended the requirement of minimum contacts to in personum, in rem, and __________ actions.

quasi in rem

When foreign law is not properly pleaded and proved, Philippine courts apply forum law under the __________.

processual presumption

In Laurel v Garcia, the Roppongi property in Tokyo was held to be property of public dominion under Article __________ of the Philippine Civil Code.

422

In Lu v British Airways, international air carriage claims are governed by Article 28(1) of the __________.

Warsaw Convention

In Cargill v Regala, the court applied the doctrine of __________ to hold that an arbitration clause is independent from the main contract.

separability

In PNB v Cabansag, labor arbiters and the NLRC have exclusive jurisdiction over OFW termination disputes under Article 217 of the Labor Code and Section 10 of R.A. __________.

8042

In Cadalin v POEA, the court rejected Bahrain's 1-year period and applied the __________ prescriptive period under Article 291 of the Labor Code.

three-year

In Aznar v Christensen, California Civil Code Article 946 referred succession back to Philippine law by applying the doctrine of __________.

renvoy

In Bellis v Bellis, succession was governed by Texas law, and because Texas law recognizes no __________, Philippine forced heirship rules did not apply.

legitums