IJSSH 2013 Vol.3(1): 66-69 ISSN: 2010-3646
DOI: 10.7763/IJSSH.2013.V3.196

The Renvoi in Private International Law

Berlingher Remus Daniel
Abstract—In the present paper I have analyzed the institution of renvoi, institution specific to the international private law, because it indicates importance from theoretical point of view and practical point of view, too. Thereby, the renvoi interferes in case of a negative conflict of laws which take place related to a juridical report with a foreign element. In this case the question arises whether the report will be settled by the law, because both the conflict norm of the approached court of law and the foreign conflict norm are declaring themselves unqualified in solving the refered to report. Thus, renvoi reperesents the juridical situation emerged when the conflict norm of the approached court of law refers to a foreign law system, and this, by its own conflict norm, doesn’t get the competence which is adjudged to it and it sends back to the forum law, or sends farther to a law of a third party state. In the present paper I have in mind to answer to this question, analysing this institution specific to the international private law.

Index Terms—Competent law, conflict of law, foreign element, negative conflict, renvoi.

Berlingher Remus Daniel is with the "Vasile Goldis" Western University Arad, România (e-mail: berlingherdaniel@yahoo.com).

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Cite:Berlingher Remus Daniel, "The Renvoi in Private International Law," International Journal of Social Science and Humanity vol. 3, no. 1, pp. 66-69, 2013.

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