Notes on the Doctrine of Renvoi in Private International Law (Classic Reprint)

(English system of law, to which the not entirely apt name...)

English system of law, to which the not entirely apt name of the Renvoi-theory has been given. It may be thus explained :A question is raised in a Danish court as to the testamentary capacity of a Danish subject domiciled in I taly. The law of the Danish Forum refers the matter to the law of the persons domicil, i. e., to the law of I taly; the Italian Code says that such a matter is to be governed by the law of a foreigners nationality, i.e., by the law of Denmark. The Renvoi-question is to decide between the two following alternatives (in the absence of express legislative instructions to the judge): (i) Denm. LF or. -I tal. LD om. (ii) Denm. LF or. I tal. LD om.- Denm. LN at. (? .e,, in this case, LF or.). 1T he writer appeals to the forbearance of the reader. It will be necessary, in the course of the following pages, to make repeated use of the phrases Private International Law, Law of the Forum, Law of the Domicil, Law of the Nationality. As the writers object is scientific and not literary, he proposes to employ respectively the abbreviations, I.P.L., LF or., LD om., LN at. Further, as it will repeatedly be necessary to deal with a case where, e. g., an English judge is directed by his rules of Private International Law to refer a given matter to the Italian law as the law of a partys domicil, and this latter law, in its turn, directs that the matter be governed by the law of the Forum as being the law of the partys nationality, the writer proposes to represent this graphically as follows :E ng. LF or. I tal. LD om. Eng. LN at. The last phrase, when mentally expanded, would be English law as the law of the Nationality. If the reader consents to conquer the irritation which this will cause at first, he will soon (so the writer believes and hopes) agree that this, admittedly inartistic, method is justified on grounds of convenience. (Typographical errors above are due to OCR software and don't occur in the book.) About the P

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Notes on the Doctrine of Renvoi in Private International Law - Primary Source Edition

(This is a reproduction of a book published before 1923. T...)

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Notes on the doctrine of renvoi in private international law

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