6. Doctrine 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.
7. Types of renvoi
Renvoi has two types:
1. Partial or single renvoi
2. . Total or double renvoi
8. SCOPE OF THE DOCTRINE
• English doctrine of Renvoi has hitherto been restricted in
its practical application, to questions of formal and
intrinsic validity of will, to issues of intestate successions
to movables and (as often claimed) to questions of
recognition of foreign divorce decrees. The doctrine of
renvoi has been used to legitimate an adulterine child,
which would not have been possible under English law
at the time. In the sphere of family law, there is some
authority for the view that renvoi applies to formal validity
of marriage and it has, in the past, been employed in
questions of capacity to marry
9. Functions of RENVOI
(a)Court might apply the domestic rule of the foreign
country that is the law of the foreign country applicable to
a purely domestic situation arising therein.
(b)If the conflict rule of the foreign country refers back to
the law of the forum or on to the law of a third country,
the court might accept the reference and apply the
domestic law of the forum or the domestic law of the
third country.
(c)The court might decide the case exactly as it would be
decided by the foreign court
10. Application of Renvoi
Because the doctrine is difficult and results are sometimes
unpredictable, its application has generally been limited to:
The validity of wills and intestate succession and
Retrospective legitimating by the marriage of the natural
parents
Renvoi is expressly excluded in EU convention and US
court does not apply it directly but keeps it as a option
whereas Australia accepts it.