This case has been cited 3 times or more.
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2015-09-23 |
JARDELEZA, J. |
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| Clearly, the Philippines is the state with the most significant relationship to the problem. Thus, we hold that CMI and Basso intended Philippine law to govern, notwithstanding some references made to US laws and the fact that this intention was not expressly stated in the contract. We explained in Philippine Export and Foreign Loan Guarantee Corporation v. V. P. Eusebio Construction, Inc.[53] that the law selected may be implied from such factors as substantial connection with the transaction, or the nationality or domicile of the parties.[54] We cautioned, however, that while Philippine courts would do well to adopt the first and most basic rule in most legal systems, namely, to allow the parties to select the law applicable to their contract, the selection is subject to the limitation that it is not against the law, morals, or public policy of the forum.[55] | |||||
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2007-11-23 |
NACHURA, J. |
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| Lex loci celebrationis relates to the "law of the place of the ceremony"[63] or the law of the place where a contract is made.[64] The doctrine of lex contractus or lex loci contractus means the "law of the place where a contract is executed or to be performed."[65] It controls the nature, construction, and validity of the contract[66] and it may pertain to the law voluntarily agreed upon by the parties or the law intended by them either expressly or implicitly.[67] Under the "state of the most significant relationship rule," to ascertain what state law to apply to a dispute, the court should determine which state has the most substantial connection to the occurrence and the parties. In a case involving a contract, the court should consider where the contract was made, was negotiated, was to be performed, and the domicile, place of business, or place of incorporation of the parties.[68] This rule takes into account several contacts and evaluates them according to their relative importance with respect to the particular issue to be resolved.[69] | |||||