RENVOI AND THE LAW OF THE DOMICILE

Abstract

In this article the author examines the doctrine of renvoi, particularly as it has been interpreted within recent English cases. First, the author looks at three possible approaches to the doctrine of renvoi and discusses which approach has been adopted within the law of Italy, within French law, and within German law. He then focuses on the modern English cases and the shortcomings in their adoption of the total renvoi approach. The author next considers the significance of the classification of respective references by English conflict rules to the laws of countries having a unitary system of territorial law, to countries having a composite system of territorial law, and to countries having a composite system of personal law. In doing so, the author pays particular attention to the Italian system of conflict of laws. The author then outlines some of the practical difficulties encountered by English courts in using the doctrine of renvoi, and concludes by critically examining a recent article dedicated to the doctrine.