Definition Of Renvoi

RENVOI

Introduction

In Private International Law, whenever a question of conflicts of law arises, especially in English cases, and a reference is made to a foreign law, doctrine of renvoi comes into play. In this paper, we will have a quick glance on what renvoi means, its kinds, scope, objections, to what extent it is followed in English case law, analysis and finally conclusion.

Renvoi: Definition

Renvoi is a French term that literally means ‘sending back’ or ‘return unopened’. Renvoi simply means the referral back of a case to the law of forum by the Foreign Law in accord with its conflict of law rules after its reference by the law of the forum.

According to the double renvoi theory, whenever a question of choice of law arises, the court, referred by its choice of law to foreign law, will step into shoes of the court of foreign law and applies whichever law the foreign court will apply . If we assume the same example given above, the result would be that the court of country Y will consider the proceedings if taken by the court of country X. X would refer the case to Y which again refer the case back to X and by accepting renvoi X would apply its internal law. So Y stepping into the shoes of X, will apply internal law of X. In total renvoi, that law is applied which a court in the foreign country is going to

Relevant Case Law

The first case is Collier v. Rivaz (1841), in which a British citizen domiciled in Belgium had executed a will and six codicils before his death. Four codicils were not considered in line with the formalities, hence void under Belgian law. The case was brought before English court which decided the case as the Belgian court would had decided. A Belgian court would have referred to and applied English domestic law in accordance with its private international law rule. So English court applied its own law .

In Bremer v. Freeman (1857), a British subject who was domiciled de facto in France and died there. Whether the English law has the authority to probate his will not made in French form or not, the Privy Council decided the case as the French court would have heard it. The case is both cited for and against the renvoi theory .

In Re Trufort, a British subject, domiciled in France with swizz nationality died bequeathing his property which was situated in England and Switzerland. Swizz court decided the matter according to swizz law after accepting renvoi from French law. English court held the judgment to be valid and binding upon English courts