Renvoi Law and Legal Definition
Renvoi is a French term which is commonly used in conflict of laws. It refers to the application of rules of one state by the court or tribunal of another state, in order to solve a conflict of laws problem. Renvoi was developed in the nineteenth century, as a reaction to the territorial theory in an effort to secure greater uniformity and equity in conflicts decisions.
There are two types of renvoi:
1.Single renvoi; 2.Double renvoi.The court must first decide whether it has the jurisdiction to hear the case (which will involve addressing the question of whether the plaintiff is attempting. The court must next analyze the case allocate each component to its appropriate legal classification, each of which will have one or more choice of law rules attached to it. Because the doctrine of renvoi is considered difficult and its results are sometimes unpredictable, its application has generally been limited to:
1.the validity of wills and intestate succession (the validity of transfers of real property); and
2.retrospective legitimation by the marriage of the natural parents.
However, there are indications in some states that renvoi might also apply to two issues in family law, namely the capacity to marry and the formal validity of marriage.
In Dillard v. Shaughnessy, Fickel, & Scott Architects, 943 S.W.2d 711, 718 (Mo. Ct. App. 1997), it was held that, under the doctrine of renvoi a court adopts rules of foreign law as to conflict of laws, which rules may in turn refer court back to law of forum.
