Conflict of Laws

Dépeçage is defined as a “cutting up,dismembering, carving up.” In a legal setting “dépeçage” is “a court’s application of different state laws to different issues in a legal dispute; choice of law on an issue-by-issue basis.” In other words, dépeçage is “the process of cutting up a case into individual issues, each subject to a separate choice-of-law analysis.” For example, A contract was perfected in State A and will be perfected in State B. The contract was rescinded because of fraud. Under State B's laws, if a contract is rescinded, no party can claim any damages but under State A's laws, damages may be awarded as long as there is fraud.

Extent of Judicial Notice •           It is the party whose cause of action or defense depended upon the foreign law who has the burden of proving the foreign law. •           Foreign law is treated as a question of fact that should be properly pleaded and proved •           Rationale: A judge is not authorized to take judicial notice of a foreign law and is presumed to know only domestic law •           In the Philippines: •           The traditional rule is that a judge cannot decide a case on the basis of his own knowledge and information. He can only act upon the evidence before his court in the actual case. •           Delgado v. Republic: •           Judici...