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What is 'Renvoi'? Distinguish the Theory of 'Single Renvoi' from 'Double

Article  in  SSRN Electronic Journal · January 2018

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ASIF KHAN1 ABDUL GHANI 2 FAZAL UR REHMAN3 MASEEH ULLAH 4

ABSTRACT

In this world there are more than 200 countries each of them having separate domestic legal

systems agent inside their individual cutoff points. Distinctive countries have diverse domestic

laws as well as have distinctive conflict rules, a marriage might be legitimate in one nation and

invalid in another. The hardship and bother can ascend from gatherings having the status of wedded

individual in one nation however not in another is self-evident. In what manner can this be

maintained a strategic distance from? The one conceivable answer for that issue can be the

International tradition which can harmonies the contention guidelines of various nations which is

incomprehensible another arrangement is that the English court may have the capacity to secure

consistency with the nation whose principles of contention of law is not quite the same as England

the English court utilize decision of law of that nation rather than English one. 5 This conveys us

to the precept of renvoi. The Doctrine of Renvoi is a legal precept which applies when a court is

1
The author is visiting Lecture in Department of Law, International Islamic University Islamabad and also serves as
Practice lawyer at Khyber Pakhtunkhwa Bar Council Govt Pakistan. Email: advasiff@gmail.com.
2
Co-author is Law Scholar Department of Law, International Islamic University Islamabad and also serves as
Practice lawyer at Balochistan Bar Council Govt Pakistan. Email: kingzz_sherani@yahoo.com
3
Co-author is Law Scholar Department of Law, International Islamic University Islamabad and also serves as
Practice lawyer at Khyber Pakhtunkhwa Bar Council Govt Pakistan.
4
Co-author is Law Scholar Department of Law, International Islamic University Islamabad and also serves as
Practice lawyer at Khyber Pakhtunkhwa Bar Council Govt Pakistan. Email: massikhan1992@gmail.com.
5
Introduction to the conflict of laws by A J E Jaffey, Butterworths, Edinburg London 1988, p-48.

Electronic copy available at: https://ssrn.com/abstract=3124439

private worldwide law ("PIL") rules. This can apply while considering remote issues developing

in movement orchestrating and in overseeing homes. "Renvoi" starts from the French "send back"

or "return unopened". The "regulation of Renvoi" is the technique by which the court grasps the

standards of a remote locale concerning any contention of law that develops. The idea behind the

convention is that it foresees discussion shopping and a comparable law is associated with achieve

a comparative outcome paying little regard to where the case is truly overseen. The arrangement

of Renvoi attempts to finish that end.

INTRODUCTION

Renvoi is the procedure for solving issues which emerge out of distinction between the

connecting factor used by English law and that of the law to which the English interfacing variable

leads.6 It has been applies when the reference has been made to the law of domicile, the law of the

place where a will was made (lex loci actus),7 and the law of the place where the immovable

property is arranged (lex situs)8. The doctrine of renvoi has its underlying foundations in English

law through the medium of cases on the formal legitimacy of wills. In that specific situation, three

focuses favored it: firstly, the unbending rule of the English conflict of laws is that the issue of

wills will be dealt with as per the person lex domicili the "law of domicile". Secondly, a more

adaptable govern in neighboring European countries which applies the law of the nationality of

the person or the law of the place where the will was made; and thirdly the last wish of the deceased

benefactor. The English renvoi doctrine has been applies the formal and characteristic legitimacy

6
Conflict of laws by J.G. Collier, Cambridge university press 1987, P-21.
7
In bonis lacroix, supra; ross v. ross supra.
8
In Re ross case, [1930] 1 Ch 377.

Electronic copy available at: https://ssrn.com/abstract=3124439

however it doesn't have any significant bearing in the field of contact and additionally connection

to tort.9

THE SINGLE RENVOI

The single renvoi happens when the rules of the conflict of laws of a country alludes the "law" of

foreign country and the conflict rules of the foreign country alludes back the issue to the primary

country and it is chosen under the law of the principal country this procedure is additionally called

remission or single renvoi.10 For example, where a deceased benefactor, who was a French

national, was routinely inhabitant in England but domiciled in Spain, dies leaving moveable

property in Spain, the court may need to consider which authoritative discussion will apply to

manage the property under succession laws. For this situation, Spain being the law of the forum,

i.e. where the property is arrange, applies the law of the deceased's nationality, in particular France

and applies French law. French law watches the law of the deceased's habitual living arrangement

which is England. England however inspects the domicile of the deceased, which is Spain. As two

exchanges occurred, (from Spain to France and from France to England), Spain, working the

Single Renvoi framework, won't accept it back. As needs be, 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 work with either no renvoi system or single renvoi

systems, there is a potential issue.

9
Dicey an, Morris and Collines on the conflict of laws, fourteenth edition, London Sweet&Maxwell 2006, p-76, 81,
82.
10
Cheshire and north, Private International law, tenth edition, London Butterworth 1979, p-60, 61.
 English Courts in the in recent years came to the conclusion as to characterize the law of

country by three diverse methodologies. At the time on view has beaten other, these three

perspectives are (a) in a wide class of cases, the court has constantly taken the significance of "the

law of the country" to be the inward or municipal law as it were.11 "(b) The second importance

which has been connected by English courts to the expression "law of country", is the whole law

of the remote country, including its principles of conflict of laws. There are not very many choices

with respect to this view in its immaculate shape, the vast majority of them deciphering the law of

a country in the more extensive sense, through the third perspective of renvoi considered beneath.

Maybe the central power for the selection of this second importance of the law of a country is Re

Johnson. In this perspective of renvoi the English court translates the laws of X as including the

conflict of laws of nation X, and if by a govern of law of X the question in issue is to be dictated

by the law of England, this is interpreted as meaning the English law in metropolitan sense. It

speaks to a genuine instance of English law tolerating the reduction, or renvoi, of the question

from the foreign law by extreme utilization of English Municipal law, this procedure is called

remission or partial renvoi or single renvoi. "12 (c) The third approach of English courts concerning

the term law of a country is that the court may choose the case in an indistinguishable route from

it would be chosen by the foreign court, this procedure is called double renvoi or total renvoi.13

The principle of single renvoi is completely seen in the “Re Askew case”.14 The Father

was British national domiciled in Germany. Under English law, the child couldn't be viewed as

having been legitimated as when the child was conceived the father was married to another lady.

11
The conflict of laws by R.H Graveson, Sweet & Maxwell, LTD. Stevens & Sons, LTD, London 1948, P-47,48.
12
The conflict of laws by R.H Graveson, Sweet & Maxwell, LTD. Stevens & Sons, LTD, London 1948, P-48, 49.
13
Dicey and Morris on the Conflict of laws, Ch.5, tenth edition, Stevens & Sons limited 1980, P-66.
14
[1930] 2 ch 259.
The court connected German law, being the law of the domicile of the child father; that the law

alluded to English law being the law of the nationality of the father; this is turn implied alluding

to German law, and as German law "acknowledged" renvoi the child was viewed as legitimated as

she would have been respected under German law.15

16
The principle of signal renvoi is completely seen in the Re Ross case this case is

identified with the will of English women, domiciled in Italy leaving land in Italy, and versatile

property both in England and Italy. The will was substantial in English however invalid in Italy as

she had not left a large portion of her property to her child. The court connected the law of Italy to

the extent progression to mobile was concerned including the conflict of laws principles of Italian

law which alluded the matter to English law, being the law of the women's nationality. A similar

procedure was depended on with reference to the ardent property of the perished in Italy. As Italian

law did not then "acknowledge" the renvoi back, the issue was chosen as per English law.17 For

this example is the case of remission.

The part of renvoi in connection to the legitimacy of marriage is dicey. As respects basic

legitimacy, renvoi was utilized as a part of R v Brentwood superintendent registrar of marriages,

ex p Arias.18 In that case it will be reviewed, the question was the limit of the husband, domiciled

in Switzerland yet a national of Italy, to remarry. The English choice of law lead demonstrated

Swiss law, however as under Swiss clash rules ability to wed was represented by the law of the

nationality, the English court connected Italian law. As that law did not perceive the Swiss Decree

dissolving the husband's past marriage, it was held that he needed limit. "This form of renvoi ,

15
Conflict of laws by Atul M Setalvad, LexisNexis butterworths Wadhwa, Nagpur, first edition 2007, p-44.
16
[1930] 1 Ch 377.
17
Conflict of laws by Atul M Setalvad, LexisNexis butterworths Wadhwa, Nagpur, first edition 2007, p-43.
18
[1969] 2 QB 956, [1968] 3 ALL E R 279, Morris & North 251.
where the foreign demonstrated by the English conflict rules focuses to a third country , is known

as transmission, as unmistakable from reduction when the foreign law indicates back the English

law."19

The principle distinction amongst remission and transmission is that going away the foreign law

sends back the case to the main country while in transmission the foreign law alludes the case to

the third country instead of the primary country.

THE DOUBLE RENVOI

"Double renvoi is a type of renvoi whereby, equality of result is guaranteed by the forum court.

The forum court settle the issues in an indistinguishable way from as a foreign court chose by its

choice of law principles may resolve it. Double renvoi is implemented by the forum court when

no other pertinent law is determined to determine the question. In this situation, the forum court

considers that it is sitting as the foreign court and will choose the matter as the foreign court would.

In this framework, there can never be more than two remissions. Double renvoi or total renvoi is

otherwise called the foreign courts doctrine".20 Dissimilar to Spain, a few nations, for example,

England and France right now accept renvoi twice. However in this framework there can never be

more than two remissions.

For example, let’s consider the accompanying case whereby a departed benefactor, an Irish

national, routinely occupant in Spain however domiciled in Italy, dies leaving moveable property

in France. France, being the law of the discussion (where the benefits are arrange) will look at the

law of the deceased's habitual living arrangement Spain and applies Spanish law. Spanish law

19
Introduction to the conflict of laws by A J E Jaffey, Butterworths, Edinburg London 1988,P-49
20
http://definitions.uslegal.com/d/double-renvoi/, ( accessed on 26-12-2015)
watches the law of the deceased's nationality which is Italy. Italy, as a jurisdiction that lone works

a single renvoi framework, won't accept the Double Renvoi and it is likely that for this situation

France will apply Italian law.

The double renvoi doctrine is completely seen in Re Annesley case.21 A women, who was

a national of Britain died, having made her will. The will was substantial if English law was

relevant however was invalid under French law as she had not left two-third of the estate to her

children. She had under English law, gained a French domicile, yet under French law she was not

viewed as having a French domicile. The court held that the French law was appropriate and

connected the entire French law including French Conflict of Laws guidelines under which the

entire English law was relevant, as the law of her nationality, and after that connected French law

as the French court would "accept" the renvoi. 22 In Collier v. Rivaz, 23 A British subject who died

domiciled in Belgium made a will as indicated by the types of English however not of Belgium

law, when the formal legitimacy of will relied on upon the law of the deceased benefactor's

domiciled at the date of his death. Sir Herbert Jenner, over the span of his judgment, said "The

court staying here chooses from the proof of the people talented in that law and chooses as it would

if sitting in Belgium". He chooses that the Belgium law just applies to will as made by Belgium

subjects and that the wills of the foreigners should under that law be controlled by the law of their

nationality. The will was in this way tried by English law and held substantial. 24

21
[1926] ch 692,
22
https://archive.org/stream/annesleycase00crai/annesleycase00crai_djvu.txt (accessed on 26-12-
2015)
23
[1841] 2 Curt- 855.
24
The conflict of laws by R.H Graveson, Sweet & Maxwell, LTD. Stevens & Sons, LTD, London 1948, P-49.
 This theory of double or total renvoi or it might be known as the foreign court theory is

obviously stopped not quite the same as the theory of single or partial renvoi in light of the fact

that, by inquisitive how the foreign court would chose the case, it conceives the likelihood that the

foreign court may "accept the renvoi" and applies its own particular domestic law, as happened in

Re Annesley and Re Askew 25 Confusion between the two theories was, in any case, presented by

an orbiter dictum of the Privy Council in Kotia v. Nahas,26. Theories of Double or total renvoi is

the doctrine of the English courts in the circumstance in which they will allude to the conflict rules

of the outside law.27

Conclusion

Difference in starting point between single renvoi and double renvoi, single renvoi does

not oblige courts to ask how foreign court would choose matter, nor consider probability that

foreign court may accept renvoi; distinction in result between both is that, if foreign law alludes to

law of forum, that law constantly connected under single renvoi yet not perpetually connected

under double renvoi (depends if foreign country accept renvoi) Single renvoi country does not

consider Foreign country's renvoi rule; not impacted by contemplations if foreign court would

have accepted renvoi, connected its own domestic law. The double renvoi teaching is utilized as a

part of England and France rest of the Europe is taking after single renvoi theory. Presently a days

the English Courts are regularly utilizing the Double renvoi theory and not give so significance to

signal renvoi by utilizing double renvoi the Judges of English courts ventures into the shoes of the

25
[1930] 2 Ch. 259; stated post, p. 81, Illustration 4.
26
[1941] A.C. 403, 413.
27
Dicey and Morris on the Conflict of laws, Ch.5, tenth edition, Stevens & Sons limited 1980, P-69,70,72.
 judge of the foreign country and considered that the renvoi may have been accepting utilizing the

conflict rules of the forei for choosing the case.

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