Topic - Renvoi

Introduction of Renvoi
The Doctrine of Renvoi is one of the significant and fundamental subjects of Private
International Law or Conflict of Laws. Again, the Court sees that the issue will be chosen as
per the law of another nation, it is when regulation of renvoi assumes its job in taking care of
the issue. It’s a method to take care of the cases in which there exists a foreign element.

Meaning of the Renvoi

The Doctrine of Renvoi is the process by which the Court adopts the rules of a foreign
jurisdiction with respect to any conflict of laws that arises. The idea behind this doctrine is to
prevent forum shopping and the same law is applied to achieve the same outcome regardless
of where the case is actually dealt with.

“Renvoi” originates from the French “send back” or “return unopened”. The “Convention of
Renvoi” is the procedure by which the Court embraces the principles of an foreign law as for
any contention of law that emerges.

Types of Renvoi
Under the watchful eye of a judge resort to the principle of renvoi, there is an answer to the
use of internal law in particular. In any case, if there was no space for use of internal law, at
that point the judge may apply the best possible kind of renvoi.

Single Renvoi
Nations, for example, Spain, Italy, and Luxembourg work a “Single Renvoi” framework. For
instance, where a deceased benefactor, who was a French national, was an occupant in
England yet domiciled in Spain leaving moveable property in Spain, the Court may need to
consider which authoritative discussion will apply to manage the property under progression
laws.

In single renvoi, a judge of a country is faced with conflicting rules of his country and sends
the case to the foreign country but according to the law of that country, the case is referred
back to his country and his country accepts sub reference and applies the law of his country.

In re Ross

Facts
The testatrix( the person who writes the will) was a British national, who was domiciled in
Italy and had written a will leaving the land in Italy and the movables both in Italy and
England. Where will was valid in England but not in Italy because she had not left half of her
property to her son.

Judgment

Where the Court had applied the law regarding where the property is situated. The movables
in Italy because the testatrix (the person who writes the will) holds the Italian domicile. As a
result, the Judge had applied the Italian law with respect to the immovable property situated
in Italy. As Italy did not accept the renvoi based issue was decided in accordance with
English law.

Forgo case

Facts

A Bavarian national died in France, where he had lived since the age of 5. Where under the
Bavarian law the collateral relatives were entitled to succeed, but under the french law the
property will be passed to the French government but not to the family members.

Judgment

The French Court held that it would decide the inquiry by applying Bavarian law however the
State contended that the Bavarian Courts would apply French law, and the French Courts
ought to do otherwise. The case was ruled for the French state, and the reference here was to
the Bavarian guidelines of contention.

Double or total renvoi

Countries like Spain, England, and France follow double renvoi. For instance, let’s consider
the accompanying case whereby a deceased benefactor, an Irish national, residing in Spain,
however, domiciled in Italy, died and left some immovable property in France. France, being
the law of the gathering (where the advantages are arranged) will analyze the law of the
person who died. Spanish law watches the law of the deceased nationality which is Italy.
Italy, as a ward that just works a solitary renvoi framework, won’t acknowledge the Double
Renvoi and almost certainly, right now will apply Italian law.

Re Annesley Case

Facts

An English woman was domiciled in France for 58 years at the time of her death. According
to the principles of English law, she was domiciled in England. Before her death, she made a
will, where the will was valid as per the English law, but it was not valid as per the French
law because she did not leave 2/3rd of her estate to the children. According to the French law
2/3rd of the property goes to their heirs. Where the France Court did not issue any
authorization certificate that she was a French domicile which was necessary for the
acquisition of domicile.
Judgment

The Court said that it had applied the French law as she was holding the French domicile at
the time of her death. Based on that, the English Courts refer the matter to the French law as
the law of domicile and the French law also referred the same back to England as single
renvoi is recognized in France. Therefore, the French Court would accept the Remission and
have applied the Internal law.

No Renvoi
Some countries like Denmark, Greece and the US do not accept double renvoi.

Conclusion
After we have experienced history, definition, types, and points of interest of renvoi it is
critical to remember that it doesn’t make a difference to all cases. As Abla Mayss commented
about it: renvoi applies to inquiries of interstate progression and fundamental legitimacy of
wills. There is some power such that it applies to marriage and that it ought to apply to cases
including title to movable and immovable property. It is a process by which the Court adopts
the rules of a foreign jurisdiction for any conflict of law that arises. Renvoi does not,
however, discover a spot in the fields of contract or tort. And if there is no renvoi the court
will apply the Internal law.

References
1. https://legal-dictionary.thefreedictionary.com/private+international+law
2. https://www.pearse-trust.ie/blog/bid/110454/the-rule-of-doctrine-of-renvoi-explained
3. http://www.ijssh.org/papers/196-G10028.pdf
4. https://www.pearse-trust.ie/blog/bid/110454/the-rule-of-doctrine-of-renvoi-explained
5. https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?
article=5565&context=fss_papers

Submitted by -

Syed Talib Husain Rizvi

bba llb (b)
System Id. 2016009047
Roll no. 160958103