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Doctrine of Renvoi

This document discusses the doctrine of renvoi in private international law. Renvoi refers to referring a case back to the law of its origin. There are three steps in the renvoi process: 1) applying internal laws, 2) single renvoi which refers a case back to the forum's law, and 3) total renvoi which applies the law the foreign court would apply. Case examples like Re Ross and Forgo illustrate single and total renvoi. Criticisms of renvoi include that it is difficult for judges to apply foreign law and undermines uniformity between legal systems. Exceptions to renvoi include matters of foreign land titles, status, and will formalities.

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1K views14 pages

Doctrine of Renvoi

This document discusses the doctrine of renvoi in private international law. Renvoi refers to referring a case back to the law of its origin. There are three steps in the renvoi process: 1) applying internal laws, 2) single renvoi which refers a case back to the forum's law, and 3) total renvoi which applies the law the foreign court would apply. Case examples like Re Ross and Forgo illustrate single and total renvoi. Criticisms of renvoi include that it is difficult for judges to apply foreign law and undermines uniformity between legal systems. Exceptions to renvoi include matters of foreign land titles, status, and will formalities.

Uploaded by

Harsh Sharma
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Doctrine of RENVOI

Private International Law


Introduction
 Renvoi Means an Instance of remitting the case to the place
of its origin.
 In A country its Private International Law either, …Refer
back to the law of the forum, or (It is named

In French ‘Renvoi’

In Germany ‘ Reckverweisung and

In English ‘Remission’
Process of Renvoi
 The Whole process of transfer if case in to the final
decision making forum is known as Renvoi
 Renvoi Process involved three Steps..

A) Apply the Internal Laws

B) Single Renvoi

C) Total Renvoi
Internal Law Application
 Applying The Municipal law of the Country.. Whenever
there is a foreign Element in the Case..
 It is also Known As The Mutual Dis- claimant Theory

 Von Bar and West lake propounded the mutual proponents


theory by assuming that all rules od Private International
Law are in reality rules by which one state, for the purpose
of Administration of Private International Law, Defines Its
Own Jurisdiction.
Contd.,
 Von Bar Propounded the Following proposition:

1. Every Country Shall Observe the law of its own as


regards the application of foreign Laws.

2. Provided that on express provision to the contrary exists,


the court shall respect,

A) The Provision if Foreign law which disclaim the right to


bind its national aboard as regards their personal statute and
desires that the said personal statute shall be determined by
the law of the domicile or by the law of the place where the
act in question occurred.
 B) the Decision of the two or more foreign system of law,
provided it be certain that one of them is necessarily
competent which agrees in attributing the determination of
a question to the same system of law.”
Criticism
 The Starting point namel
Single Renvoi/Theory of Proper
Renvoi

 If, for example, the English law directs its judge to


distribute the personal estate of an Englishman who has
died domiciled in Belgium in accordance with the law of
his domicile, he must first inquire whether the law of
Belgium would distribute personal property upon death in
accordance with the law of domicile, and if he finds that
the Belgian law would make the distribution in accordance
with the law of nationality-that is, English law,-he must
accept this reference back to his own law
Re Ross Case
 the testatrix, a British national and domiciled in Italy. She died
in Italy and left there movable and immovable property as
well as some movable property in England. She had made a
will about her movable and immovable property in Italy and
England. This will was valid in English law but invalid in
Italian law as she did not leave half of the property for her
son. As she was domiciled in Italy, the English court referred
the case to Italian court. Under English conflict of laws the
issue was governed by the law of the domicile of the testatrix
(Italian law). However, under Italian conflict of laws, the issue
was governed by the nationality of the testatrix (English law).
Hence, the Italian court referred the issue back to the English
court, which held that the will was valid.
Forgo Case
 which was decided in the court of Cassation of France in

 Forgo, an illegitimate Bavarian national, was born with a


domicile in Bavaria, but lived most of his life in France
without ever acquiring a domicile under French law. He left
movable property in France but no relatives except for some
remote collateral relatives of his mother. These could not
succeed him under French law, and under French law the
property, being ownerless, would go to the French state.
Under Bavarian law they could succeed. The French court
would determine the question by applying Bavarian law but
the state argued that the Bavarian courts would apply French
law, and the French courts should o otherwise.
Total renvoi
 Total Renvoi or Double Renvoi also Known As Theory Of
Foreign Court.
 Cheshire and North defines total renvoi as….

 “ This demands that an English judge, who is referred by


his own law to the legal system of a foreign country, must
apply whatever law a court in that foreign country would
apply if it were hearing the case.”
For Example
 An example of total renvoi is in Re Annesley case which in
nutshell is:
 T, an Englishwoman of British domicile of origin, died domiciled
in France in the English sense, but not the French sense because
she had not obtained authority to establish her domicile in France
as required by the Civil Code [she failed to comply with
registration formalities]. She left a will which purported to dispose
of all her property. By French law, T could only dispose of one-
third of her property because she left two children surviving her.
Evidence was given that a French court would refer to English
law as T s national law would accept the renvoi back to French
law. French domestic law was applied and T s will was only
effective to dispose of one-third of her property.
Criticism –Doctrine of Renvoi
 Difficult for the Judge to apply the foreign Jurisdiction and placing
himself in the shoes of foreign Court Judge
 Renvoi if not a important flip in promoting he cause of uniformity of
laws, which is the primary vision of the private international Law.
 One of the important criticism that renvoi faced with is that; application
of domestic law of foreign country could defeat reasonable expectations
of person, constitute negation of policy underlying En PIL rule; i.e. rule
that interstate succession to movables governed by law of domicile based
on view that application of law of person s home best fits reasonable
expectation of individuals; if court applies renvoi , which usually
substitutes nationality as connecting factor, expectations of person who
did not make will b/c he believed his property would devolved according
to local rules governing interstate succession may be defeated.
Exception
 Title of Foreign Land
 Title To foreign Movables
 Status
 Formalities of Will
 International Conventions
 Transmission

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