Doctrine of Renvoi

Definition of Renvoi

•The Doctrine of Renvoi is a legal doctrine which applies when a court is faced with a conflict of
law and must consider the law of another state, referred to as private international law ("PIL")
rules. This can apply when considering foreign issues arising in succession planning and in
administering estates.

•The word Renvoi comes from the French send back or return unopened. The Doctrine of Renvoi
is the process by which the court adopts the rules of a foreign jurisdiction with respect to any
conflict of law that arises. The idea behind the doctrine is that it prevents forum shopping and the
same law is applied to achieve the same outcome regardless of where the case is actually dealt
with. The system of Renvoi attempts to achieve that end.

Single Renvoi

•Countries such as Spain, Italy, and Luxembourg operate a Single Renvoi system. This system
refers to another jurisdiction's choice of law rules. Where the matter arises in a jurisdiction such
as Spain, Italy or Luxembourg, those jurisdictions will consider whether their own domestic law
is the applicable law or if the applicable law is that of another jurisdiction.

•For example, where a testator, who was a French national, was habitually resident in England
but domiciled in Spain, dies leaving moveable property in Spain, the court may need to consider
which legislative forum will apply to deal with the property under succession laws.

•In this case, Spain being the law of the forum, i.e. where the property is situate, applies the law
of the deceased's nationality, namely France and applies French law. French law observes the
law of the deceased's habitual residence which is England. England however examines the
domicile of the deceased, which is Spain.

•As two transfers took place, (from Spain to France and from France to England), Spain,
operating the Single Renvoi system, will not accept it back. Accordingly, the Spanish court being
the law of the forum, will apply the law where it was last left in the chain of referral i.e. with the
law of England and Wales.
•Where both countries operate with either no renvoi system or single renvoi systems, there is a
potential problem.

Double Renvoi

•Unlike Spain, some countries such as England and France currently accept renvoi twice.
However in this system there can never be more than two remissions. For example, lets consider
the following case whereby a testator, an Irish national, habitually resident in Spain but
domiciled in Italy, dies leaving moveable property in France.

France, being the law of the forum (where the assets are situate) will examine the law of the
deceased's habitual residence Spain and applies Spanish law. Spanish law observes the law of the
deceased's nationality which is Italy. Italy, as a jurisdiction that only operates a single renvoi
system, will not accept the Double Renvoi and it is likely that in this case France will apply
Italian law.

Conclusion

•The conclusion having been fully established that the renvoi doctrine cannot be accepted as a
general principle in the conflict of laws, we may briefly consider certain exceptional cases in
which recognition that the lex fori should incorporate the foreign law inclusive of its rules of the
conflict of laws may be either necessary or expedient. It has been found necessary to accept the
renvoi doctrine in the framing of international conventions as the only means of bringing
together nations with different rules in the conflict of laws.

•Just Because of the favor shown to marriages, the lex loci celebrationis might be deemed to
incorporate the foreign law as a whole for the purpose of sustaining a marriage, but not to defeat
it. It would be preferable, however, if this result were reached through the adoption of an
alternative rule in the conflict of laws.