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Piercing the Iron Curtain Rule in Interstate Succession: A Due Process Approach/ by Hilton A. Lazo

By: Material type: ArticleArticleSeries: Philippine Law Journal ; Vol.91, No.2 (April 2018) | ; Vol.91, No.2 (April 2018)Publication details: Diliman, Quezon City, Philippines: University of the Philippines College of LawDescription: 39 pagesISSN:
  • 0031-7721
Subject(s): DDC classification:
  • BPer. 340 P538
Summary: This note introduces the irrebuttable presumption analysis as a new viable constitutional framework for judicial review to the "iron curtain rule." Using the framework, it is suggested that the rule should be viewed as a conclusive presumption of enmity that bars succession between an illegitimate child and her parents' legitimate relatives, but should give way to contrary evidence to vouchsafe a litigant's right to a meaningful participation in the judicial process.
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This note introduces the irrebuttable presumption analysis as a new viable constitutional framework for judicial review to the "iron curtain rule." Using the framework, it is suggested that the rule should be viewed as a conclusive presumption of enmity that bars succession between an illegitimate child and her parents' legitimate relatives, but should give way to contrary evidence to vouchsafe a litigant's right to a meaningful participation in the judicial process.

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