出国留学如何写好Law Essay:菲律宾民法渊源的essay范文 [6]
论文作者:英语论文论文属性:作业 Assignment登出时间:2014-10-22编辑:zcm84984点击率:14873
论文字数:4839论文编号:org201409211327501077语种:英语 English地区:比利时价格:免费论文
关键词:菲律宾民法民法渊源Law Essay制定法律
摘要:本文是一篇分析菲律宾的民法渊源的 Law Essay,菲律宾来自公民的混合和普通法律的传统。公民法的传统是来源于西班牙,那里三个世纪以来一直统治菲律宾。在西班牙通知后,在接下来的四十年里,菲律宾属于美国,那就是普通法律传统来源的地方。我们的传统的第三部分就是菲律宾共和国的后美国时代。
nited States during the American era. Over the past years trade with its Asian neighbours like Singapore has been increasing and it is one of the top trading partners including electronics as one of the top exporting products [27] .
(1.) In the civil code, the contract will be governed by the laws of the country in which they are executed it [28] ; makes revocation done outside Philippines valid according to law of the place where will was made or lex domicilii [29] and prohibits Filipinos from making joint wills even if valid in foreign country [30] . In common law of Singapore a choice of the parties’ jurisdiction will govern the international sales transaction [31] .
PRIVATE INTERNATIONAL LAW
(2.) Private international law or is more accurately known as conflict of laws which is international in character is a contact with some system of law other than the domestic system. Cross-border transactions have always attracted legal issues. In the common law systems like Singapore the central issues are choice of jurisdiction. Whether a court in State A has jurisdiction to deal with a case having a foreign element, and choice of law and the ordinary rules of law of State A shall apply to the case, or whether some other system of law shall apply [32] . The three stages to determine the law of contract are first the parties expressly chosen a law to govern the contract unless the choice was not made in good faith, second if the parties have not made any express selection, the court may infer a choice from a choice from the contract and surrounding event situations at the time making the contract and lastly the proper law is of the country with real connection with the transaction [33] .The direct sources of conflict of law are constitutions, codifications, special laws, international customs, treatises and international conventions and judicial decisions.
MEDIATION
Philippines a non-litigious in nature and its resulting aversion to adversarial encounters, further intensified by the costly and slow process of litigation, most disputes in the Philippines are resolved through negotiation [34] . Mediation as often the most effective means for resolving disputes in a wide range of commercial and governmental areas is one of the substitute procedures for the resolution of disputes. The independent third party Mediator assists the negotiation process. He will help to scrutinize the dispute issues, assess realistic outcomes, explore alternatives and find solutions for the parties. The objective of the mediator is able to facilitate communication and negotiation between the parties in reaching a voluntary settlement. Despite the fact that he cannot impose a decision upon the parties, the mediator is frequently able to assist because of his specialist legal or technical understanding in the area of the dispute. Mediation should be considered as it is likely to be quicker and more cost-effective than the more formal processes of arbitration or litigation but should be considered as early as possible after a dispute has arisen. It is predominantly suitable where a dispute involves complex issues and/or multiple parties. Mediation can be put into practice prior to, or in concurrence with, other forms of dispute resolution such as arbitration or court proceedings. While the parties must be in agreement to partake in a mediation, that can be achieved
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