Hi everyone,
Just wanted to see if anyone had taken the course and could explain this particular concept. I am having a hard time understanding how it works.
Thanks!
Conflict of Laws: Renvoi Forum
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Re: Conflict of Laws: Renvoi
Renvoi occurs when a state's conflicts law requires that you look to another jurisdiction's WHOLE law as opposed to internal law. looking at whole law means that you look to the second jurisdiction's conflicts law before looking to the state's other law (internal law is all the state's laws without regard for its conflicts laws). With that in mind:
Partial renvoi is when state A's conflicts law says that you ought to use country B's whole law, but country B's conflicts law would point back to state A's internal law and it ends in state A.
Renvoi is the same as above, except that country B's conflicts law would point back to state A's whole law which would then point back at country B in an unending loop.
I forget completely, but usually a state's courts just go through some legal gymnastics to find that only partial renvoi applies. Or they interpret their conflicts law to only look to the internal law of the other jurisdiction. Hope that helps, and I recommend double checking this.
Partial renvoi is when state A's conflicts law says that you ought to use country B's whole law, but country B's conflicts law would point back to state A's internal law and it ends in state A.
Renvoi is the same as above, except that country B's conflicts law would point back to state A's whole law which would then point back at country B in an unending loop.
I forget completely, but usually a state's courts just go through some legal gymnastics to find that only partial renvoi applies. Or they interpret their conflicts law to only look to the internal law of the other jurisdiction. Hope that helps, and I recommend double checking this.
