Application of Doctrine of Renvoi

Abstract

Every state applies its local or internal law to local situation, and a body of law which is applicable in a situation involving a foreign element. The latter is commonly referred to as the conflict of law rules, where a foreign state is the place of domicile or the place where the contract was made and lex situs (the law of place) of the property. The conflict of laws rule of the forum may refer the law “law” of the foreign state or its conflict of rules. If it refers to its conflict of law rules then the court of the forum has accepted what is known as the doctrine of “Renvoi.” In England and most common law jurisdiction the concept of domicile is regarded as a key factor for the determination of an individual’s personal law, while in civil law’s jurisdiction the nationality cause a decisive factor for the determination of an individual’s personal law. Renvoi is the legal doctrine that applies when there is a conflict of laws in a particular court case. The term renvoi is derived from the French and literally means to “send back or returned unopened.” The question of renvoi came up for consideration before English court for the first time in the case of Re Johnson in the early 1900.The facts of the case are as under.