| 释义 |
‖ renvoi Law.|rɑ̃vwa|
[Fr., f. renvoyer to send back: cf. renvoy n.]
(See quots.)
1897J. T. B. Sewell tr. Labbé in Outl. French Law as affecting Brit. Subjects iv. 69 In order to justify the system which repudiates the doctrine of ‘renvoi’..it suffices to define exactly what is the intention of the law which authorizes the foreign law to decide. 1898Law Q. Rev. XIV. 231 An English specialist versed in the problems raised by the conflict of laws may well never have heard the name of the Renvoi. 1904J. P. Bate Doctrine of Renvoi iv. 53 The basis of the Renvoi-theory is the doctrine that when a conflict-rule refers a matter to a foreign law, the foreign law is referred to in its totality. 1905J. Westlake Priv. Internat. Law (ed. 4) ii. 25 In its substance the subject [sc. private international law] has been no less deeply affected by the substitution..of political nationality for domicile as the criterion of personal law, and by the controversy which has consequently sprung up about the doctrine called the renvoi. 1935G. C. Cheshire Priv. Internat. Law vi. 133 The second solution is to give a decision on the assumption that the doctrine of renvoi is recognized by English law. This famous doctrine, which presupposes that a reference to the law of the domicil means a reference to the whole of that law, may be explained as follows in connexion with our case of X. The English Court, upon referring to the Private International Law of France, finds that it is referred back to English law as being the law of X's nationality. There is a renvoi or a remission to English law. 1959E. Jowitt Dict. Eng. Law II. 1525/1 Renvoi, a term employed in private international law to denote the sending, or determination, of a matter to or according to the law of a tribunal outside the jurisdiction where the question arose. 1970Internat. & Compar. Law Q. 4th Ser. XIX. i. 36 The generally accepted English view has been that tort cases are outside the scope of the doctrine of renvoi. |