Renvoi

Legal Definition and Related Resources of Renvoi

Meaning of Renvoi

In private international law or conflict of laws, the term is applied to denote the doctrine whereby a court is referred in a particular matter to the rules of a foreign country, which rules in turn refer the matter to the laws of the court that is seized of the matter.

Related Entries of Renvoi in the Encyclopedia of Law Project

Browse or run a search for Renvoi in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Renvoi in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Renvoi in Historical Law in the Encyclopedia of Law.

Legal Abbreviations and Acronyms

Search for legal acronyms and/or abbreviations containing Renvoi in the Legal Abbreviations and Acronyms Dictionary.

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“Renvoi” in Maritime Law

Note: There is more information on maritime/admiralty law here.

The following is a definition of “Renvoi”, produced by Tetley, in the context of admiralty law: [Translation of Renvoi in Spanish: “reenvío”] [Translation of Renvoi in Italian: “rinvio”] [Translation of Renvoi in German: “Verweisung”] – In the conflict of laws, the French term renvoi refers to the application of the conflict rules of one state by the court or tribunal of another state, in order to solve aconflict of laws problem. Renvoi developed in the nineteenth century, as a reaction to the territorial theory, in an effort to secure greater uniformity and equity in conflicts decisions. Single renvoi (a.k.a. partial, imperfect, or receptive renvoi or renvoi simpliciter) is the referral by the forum court to the conflict rules of a foreign state, but not to that state’s renvoi rules. This may result in a reference back to the forum’s domestic law (“remission”) or a reference to the domestic law of a third state (“transmission”). Double renvoi (a.k.a. perfect, total, true or integral renvoi, total reference, or the foreign court principle) is the referral by the forum court to the conflict rules, including the renvoi rules) of a foreign state. Thus the forum court applies the law specified by the foreign conflicts rules, including the foreign renvoi rules, in an effort to render the decision which the foreign court would render if it were seized of the case. Double renvoi appears to be limited to England. Renvoi has been subjected to criticism by legal authors and is increasingly excluded in international conflict of laws conventions (e.g. the Rome Convention 1980, (see this legal term in this law dictionary), at art. 15) and should be rejected. See Tetley, Int’l. C. of L., 1994 at pp. 69-93

Renvoi in Admiralty Law

For information on renvoi in this context, see the entry on renvoi in the maritime law encyclopedia.


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