• 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 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
• “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 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.
• 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
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.
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.
A Bavarian national died in France, where he had lived
since the age of 5. Where under Bavarian law the
collateral relatives were entitled to succeed, but under
french law the property will be passed to the French
government but not to the family members.
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.
7. 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
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.
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
Brussels IV: The EU Regulation On Succession
This new EU Succession law, effective from 17 August 2015 attempts to
harmonization of the succession of all member States in determining the forum
that applies to succession laws. Ireland, UK, and Denmark have opted out of
this regulation, although interestingly the regulation will still have an effect on
how these Countries will deal with the signatory States and how signatory
States will deal with the non-signatory States.
In relation to the Doctrine of Renvoi, the regulation attempts to provide that in
all EU Member States (other than Ireland, the UK, and Denmark), the doctrine
is abolished other than in the case of third-party States. It also provides for
testators to designate the law of their nationality as applying to the whole of
their estate. The regulation will only affect deaths on or after 17 August 2015
however an individual may elect the law under their will now to apply after that
After we have experienced the 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.