GURU GHASIDAS UNIVERSITY, BILASPUR, C.G.
SCHOOL OF LAW
PROJECT ON:
DOCTRINE OF RENVOI IN PRIVATE INTERNATIONAL LAW
SUBMITTED TO:
Mr. VINAY KUMAR SINGH
Assistant Professor
CONFLICT OF LAWS
SUBMITTED BY:
SIMRAN M. TOPPO
B.A. LL.B.
10th Semester
ROLL N0. 16001148
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ACKNOWLEDGEMENT
It feels great pleasure in submitting this research project to Mr. VINAY
KUMAR SINGH, Asst. Professor (CONFLICT OF LAWS), without whose
guidance this project would not have been completed successfully.
Next, I would like to sincerely thank my seniors, friends and family
members, whose suggestions and guidance assisted me throughout the
entire tenure of making the project. I would also like to express my special
thanks to those original thinkers, whom I have taken the privilege to quote.
Last but not the least, I would like to express my heartfelt gratitude
towards the examiner who would take pains to go through the project. Though a
lot of care has been taken, there may be scope for some improvement. All
criticism and suggestions are kindly invited.
SIMRAN M. TOPPO
B.A.LL.B
10th Semester
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CERTIFICATE
I am glad to submit this project report on “ DOCTRINE OF RENVOI IN PRIVATE
INTERNATIONAL LAW” as a part of my academic assignment. The project is
based on Research methodology and further discusses the doctrinal method. I
think this would be significant for academic purposes as well as prove
informative to all the readers.
Here though I declare that this paper is an original piece of research and the
borrowed text and ideas have been duly acknowledged.
Faculty Signature
________________
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DECLARATION
I, SIMRAN M. TOPPO, BA-LLB 10 th Semester of GURU GHASIDAS
UNIVERSITY do hereby declare that this project is my original work and I
have not copied this project or any part thereof from any source without
acknowledgement.
I am highly indebted to the authors of the books that I have referred in my
project as well as all the writers of all the articles and the owners of the
information taken from the website for it.
It is only because of their contribution and proper guidance of my faculty
advisor Assist. Prof. Mr. VINAY KUMAR SINGH that I became able to
gather light on the subject.
SIMRAN M.TOPPO
B.A.LL.B
10th Semester
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TOPIC:
DOCTRINE OF RENVOI IN PRIVATE INTERNATIONAL LAW
TABLE OF CONTENTS
1. INTRODUCTION OF PRIVATE INTERNATIONAL LAW
2. INTRODUCTION OF RENVOI
3. MEANING OF RENVOI
4. TYPES OF RENVOI
5. CONCLUSION
6. BIBLIOGRAPHY
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1. INTRODUCTION OF PRIVATE INTERNATIONAL LAW
Private International Law is used to resolve the conflict of individuals if there is any
involvement of foreign element. Public International Law is a branch of Jurisprudence arising
from the diverse laws of various nations that apply when private citizens of different
countries interact or transact business with one another. Private International law suggests
that a piece of the law is directed between private residents of various nations. Right now,
International Law varies from one country to another country, which is the arrangement of
rules done by the legislatures of different nations that decide the rights and direct the
intercourse of autonomous countries. It comprises standards and rules for managing lawful
debates that have an outside component: for instance, a cross-outskirt or non-resident
business cases. In England and Wales, the terms ‘private International law’ and ‘strife of
laws’ are tradable, and the subject incorporates a decision of law, the Court’s locale and the
acknowledgment and implementation of remote decisions. The extent of private international
law shifts from nation to nation and every country has its principles.
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2. 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.
3. MEANING OF 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 a foreign law as
for any contention of law that emerges.
4. 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.
There are two types of Renvoi:-
a. SINGLE RENVOI
b. DOUBLE RENVOI
SINGLE RENVOI -
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Single Renvoi is also known as partial renvoi. It is also called remission. In single renvoi,
the legal system of two countries is involved. If three countries are involved then it is called
transmission.
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.
Nations, for example, Spain, Italy, and Luxembourg work on a “Single Renvoi” framework.
Case 1. 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.
Case 2. 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.
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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.
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DOUBLE RENVOI –
In double renvoi, the rule of law of a country refers to other country but later the law of other
country refers it back to the origin country. Double renvoi is when the court of forum may
resolve the issue in the same manner as a court of legal system selected by its choice.
In other words, this solution demands that an English judge who is required by his own law to
refer the legal system of foreign country must apply what would the court in that foreign
country would apply if, for instance it was hearing the case.
Countries like Spain, England, and France follow double renvoi.
Case 1. 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.
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5. 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.
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BIBLIOGRAPHY
Websites referred:
https://blog.ipleaders.in/doctrine-of-renvoi/
http://www.ijssh.org/papers/196-G10028.pdf
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