The Problem Of The Renvoi

Renvoi literally means a referring back; the problem arises when

there is doubt as to whether a reference to a foreign law

Double Renvoi Transmission

It deals with TWO countries It is the process of

and the “referring back “of a applying the law of a
is a reference is a ference to the conflict problem. second foreign state.
to the WHOLE of the
INTERNAL law foreign law,
of said foreign
including its
law;
CONFLICTS RULES
law Implications of Renvoi and
Transmission

1. Both renvoi and transmission

may apply not only to
(PROBLEM) successional rightsl; they may
refer also to marriage, to other
If one state involved follows the NATIONALITY contracts and agreements, in
fact to almost anything covered
theory, and the other, the DOMICILIARY theory,
by Conflict of Laws.
there is a possibility that the problem may be
referred back to the law of the first state. 2. Both problems may occur
even if (in Renvoi) the two
countries BOTH adhere, say to
the NATIONALITY THEORY or
BOTH to the DOMICILIARY
We may follow the Proposed
theory of desistment We may reject THEORY.
Solution
(also referred to as the the renvoi.
mutual-disclaimer of
jurisdiction theory) (Favoring Argument)
We may accept
the renvoi. We may make
Unless we reject the renvoi, we shall
use of the
in a sense be surrendering our
“foreign court
legislative sovereignty, or we shall be
theory.”
applying not our own conflicts rules
but the conflicts rules of foreign
(Favoring
states. .
Argument)
(Favoring Argument)
Exactly the same
We should accept the (Favoring Argument)
advanatages and
renvoi because this would This generally produces
the same
result in a harmony of harmony of decisions; as a
disadvantages as
decisions, irrespective of matter of fact, it was
the acceptance of
forum. specifically designed to combat
the renvoi.
the defects.

SUGGESTED CONCLUSION
In the absence of more definitive rules on the matter it is suggested that the
theory be adopted which, considering the circumstances of a given situation, will
best result in fairness, equity, and justice. For instance, in the case of long time
domiciliaries of the Philippines, it may seem desirable to presume that they
intended to die with Philippine internal law taking care of the distribution of their
estate in the Philippines; hence, it would be better to accept the renvoi or single
remission). In all other instances, to reject the renvoi would seem to be the more
desirable solution.