The document discusses the legal doctrine of renvoi, which occurs when a court must consider conflict of laws between jurisdictions. Renvoi means "send back" in French, referring to how a court may apply another jurisdiction's conflict of laws rules, which could then refer the matter back to the original jurisdiction. This can result in simple or double renvoi. The document provides an example of simple renvoi involving a British national domiciled in Italy, and explains the French case Forgo's Case, which established acceptance of simple renvoi. It also discusses the doctrine of double renvoi, involving an imaginary journey to the foreign court, and drawbacks to this approach.
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Domicile is one of the important element in private international law. it is a decisive factor for choosing appropriate nations law which has more connection with the parties to the issue.
The law commission is currently in the process of examining the formalities required for the creation of trust and the disposition of equitable interest by beneficiaries. The view is that s.53 of the law of property act 1925 has led to too much litigation, with the result that the purpose and object of the section lost.
Enforceability of foreign_judgments_and_foreign_awardsLegalServicesDelhi
With the advent of globalisation and with India poised as a major international and
global player in the world economy, it is apposite to consider the law concerning
enforcement of foreign judgments in India. In law, the enforcement of foreign
judgments is the recognition and enforcement rendered in another ("foreign")
jurisdiction. Foreign judgments may be recognized based on bilateral or multilateral
treaties or understandings, or unilaterally without an express international
agreement. The "recognition" of a foreign judgment occurs when the court of one
country or jurisdiction accepts a judicial decision made by the courts of another
"foreign" country or jurisdiction, and issues a judgment in substantially identical
terms without rehearing the substance of the original lawsuit.
Domicile is one of the important element in private international law. it is a decisive factor for choosing appropriate nations law which has more connection with the parties to the issue.
The law commission is currently in the process of examining the formalities required for the creation of trust and the disposition of equitable interest by beneficiaries. The view is that s.53 of the law of property act 1925 has led to too much litigation, with the result that the purpose and object of the section lost.
Class lecture from the course Principles of Equity, Trust and Roman Law conducted for first year students at Jahangirnagar University
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Private International Law encompasses both conflicts of law and the unification of substantive law. The issues addressed cover a broad variety of legal concerns. They cover a wide range of subjects, such as child abduction, wills and trusts, sales contracts, negotiable instruments, the enforcement of foreign judgments and the taking of evidence abduction
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
Contracts under private international law is governed by different principles and maxims. This slide gives you an idea about it and included all relevant case laws.
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Learning Outcome:
Students will :
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It is important in private international law. Domicile of origin and its revival principal gives chance to a person have his domicle , when all of his choices has been abandoned/ lost.
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Each term gives rise to a contractual obligation, breach of which can give rise to litigation.
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In general, parties can only sue for enforcement of valid contractual terms as opposed to representations or mere puffs.
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Class lecture from the course Principles of Equity, Trust and Roman Law conducted for first year students at Jahangirnagar University
Learning Outcome: Students will understand how the separate court systems of common law and equity were conflicting with each other and how Judicature Act was enacted to avert the difficulties
Private International Law and Crucial Role of Personal Connecting FactorsFadzliRohami1
Private International Law encompasses both conflicts of law and the unification of substantive law. The issues addressed cover a broad variety of legal concerns. They cover a wide range of subjects, such as child abduction, wills and trusts, sales contracts, negotiable instruments, the enforcement of foreign judgments and the taking of evidence abduction
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
Contracts under private international law is governed by different principles and maxims. This slide gives you an idea about it and included all relevant case laws.
Principles of Trust: Classification and CreationPreeti Sikder
Learning Outcome:
Students will :
-be informed about the major divisions among the concept of trust
-learn about the basic legal conditions a trust has to fulfill under Trusts Act, 1882
It is important in private international law. Domicile of origin and its revival principal gives chance to a person have his domicle , when all of his choices has been abandoned/ lost.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
‘Remoteness’ refers to the test of causation that is used to determine the loss caused by a breach of contract. It limits the ability of the plaintiff to recover damages to not too remote losses
A contractual term is “Any provision forming part of a contract”.
Each term gives rise to a contractual obligation, breach of which can give rise to litigation.
Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract.
In general, parties can only sue for enforcement of valid contractual terms as opposed to representations or mere puffs.
An exemption clause is an agreement in a contract that stipulates that a party is limited or excluded from liability.
There are three types of clauses, these are a ‘limitation clause’; this is where a party is limited from liability.
The other is an ‘exclusion clause’; this is where a party is excluded from liability.
‘Time limitation clause’ states that an action for a claim must be commenced within a certain period of time or the cause of action becomes extinguished.
Application of Doctrine of Renvoi by foreign courts under conflict of lawsanvithaav
Doctrine of Renvoi is one of the main principle under the application of Private International Law. When conflict of law arises before the foreign courts, the court will resolve the issues by applying the doctrine of renvoi.
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2. RULE OF 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.
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 (A
party’s action of looking for a court or judge that is deemed likely to
render a favorable result) 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.
3. Illustration: [SIMPLE RENVOI]
‘X’ a British national, domiciled in Italy, died intestate leaving
movable properties in England & English Court has to decide how
that properties are to be distributed.
Three connecting factors in this case :
(1) Nationality (2) Domicile (3) Place where movables are situated
According to English private international law, the decisive
connecting factor is lex domicili i.e., Italian law.
Here the English judge has to find out how the Italian Court
would have analysed the connecting factors (it refers the matter to
Italian Court as English law uses lex domicili for succession
matters). And in the Italian Private International law, intestate
succession to movable properties is governed by the lex patriae(law
of nationality) – English law.
So the matter is referred back to English law. This reference back
is called Renvoi. If this remission back is accepted, or English law is
applied by the judge, it is called SIMPLE RENVOI or SINGLE
RENVOI or PARTIAL RENVOI.
4. IN THE CASE OF RENVOI, FOLLOWING POINTS
NEED TO BE KEPT IN MIND: -
(1) Renvoi arises in the application of the lex causae
(2) Renvoi arises bacause of different senses in which lex causae
could be interpreted
(3) And Renvoi arises because of the existence of different systems
of Private International Law with different choices of law rules.
5. FORGO’S CASE [ FRENCHCASE LAW ON SIMPLE
RENVOI]
Forgo (Bavarian national) domiciled in France, died intestate in France
leaving movable properties. Question came about the succession.
Forgo was an illegitimate child. And under French law, collaterals (a
person having the same ancestor but through a different line) would not
succeed to his movable properties & so properties will pass on to French
Govt. But under Bavarian Law, collaterals could succeed to the
properties.
Here the French court has to decide how the properties were to be
distributed. French law in such cases applies lex patriae (law f nationality)
i.e., Bavarian law. But in Bavarian pvt. International law, succession to
movables was governed by lex domicili
So the Bavarian Law referred the question back to the French law. It was
accepted by the French Court, and the French Law of succession was
applied.
And so, depriving the right of succession to Forgo’s collateral relatives.
6. TWO METHODS OF SIMPLE RENVOI
(1) Renvoi by Remission
If in a case, laws of two countries are involved, and when
Country “A” referring the question to be decided to Country “B”,
and the Private International law of the country referring the
question back to the Country “A”, it is a case of renvoi by
remission.
A refers to B
B refers to A
(2) Renvoi by Transmission
If in a case Country “A” refers a matter to Country “B”.
And if Country “B” refers the matter to a third Country “C”, this
is renvoi by transmission.
A refers to B refers to C
7. DOCTRINE OF DOUBLE RENVOI / TOTAL RENVOI / FOREIGN
COURT THEORY / ENGLISH DOCTRINE OF RENVOI:
According to this theory, the English judge is required to make an
imaginary journey to the Foreign land and sit in the court of that country.
Illustration :
“X” a British national, domiciled in Belgium, dies intestate in Belgium
leaving assets in England, English Court has to decide about the
distribution of assets.
As per English doctrine of renvoi, English judge has to imagine that he is
sitting in a Belgian Court and decide the case as would be decided by the
Belgian Court.
Succession in Belgian private international law is to be decided by lex
patriae , i.e. English law. But English private international law would refer
the question back to lex domicili .
Belgian law does not recognise does not recognise partial renvoi and the
reference back will not be accepted. So the Belgian law will apply the
internal law of England in distributing the assets. So the same thing
should be applied by the English judge.
8. DRAWBACKS OF THE FOREIGN COURT THEORY :
(1) Foreign court theory / double renvoi does not necessarily
ensure uniform results.
Uniform result will be produced only if the theory is accepted
by one country and rejected by the other. In case of rejection by both
countries, there will be interminable reference forth 7 back, as
Cheshire says “ an international game of lawn tennis”.
(2) Foreign court theory is difficult to apply
It requires the English judge to ascertain what precisely will
be done by the foreign judge. One difficulty is to ascertain whether
partial renvoi is accepted / repudiated by the foreign law. Second
difficulty is to ascertain the national law when a country have dual
citizenships. For e.g. : In countries like America, where there are
several territorial systems of law within the same country, it is
meaningless to speak of national law.
9. CASE LAWS ON FOREIGN COURT THEORY:
Collier v. Rivaz (1841) 2 curt, 855
“A” a British subject, died domiciled in Belgium, made a will
which was valid according to Belgian law. At that time the validity
of will should be tested by the law of the place where the testator
was domiciled at the date of his death.
If the case were to arise in a Belgian Court, and the Court would
apply the English law as the law of nationality. The validity of will
was tested by English law and the will was held valid.
Sir Herbert Jenner in the course of his judgement said : “the court
sitting here decides from the evidence of persons skilled in that law
(i.e. Belgian law) and besides as it would if sitting in Belgium”
Similar case laws: In Re Annesley (1926 Ch.’692) - English and
French law, validity of will, partial renvoi acceptance by French,
will declared invalid.
10. In Re Ross (1930-1 Ce, 337)
Janet Anne Ross, a British subject, domiciled in Italy died in Italy
leaving movable properties in England. In her will nothing was
mentioned for his only son. According to Italian law the son is entitled
to succeed her properties as the legitimo-portio (The birthright portion;
that portion of an inheritance to which a given heir is entitled, and of
which he cannot be deprived by the will of the decedent, without special
cause, by virtue merely of his relationship to the testator.)
As the case arised in England, they referred it to the Italian law (lex
domicili). As the foreign court theory is applied and checked the concern
of Italian court; found that they would have applied English law in the
case of succession to the properties.
As it was received by English Court, occurred the possibility of
referring back to Italian court. Italian Court rejects the Partial renvoi
principle and the reference back is not accepted. And so English law will
be applied. So on applying English law, the will was declared valid &
the only son cannot inherit his mother’s property.
11. Consequences of Foreign Court theory :
The result in such cases would be a circulus intricabilis (A
circular argument is one that keeps returning to the same points )
spectacle of “English judges and foreign judges continuing to bow
each other”.
The foreign court theory is applicable only in the following
exceptional cases:
(1) Validity of wills
(2) Title to foreign land
(3) certain cases of title to movable properties
(4) Validity of marriages
Solutions:
(1) Applying the internal law theory (2) Accepting Partial Renvoi