renvoin.

Brit.

/rɛnˈvɔɪ/, U.S.

/rɛnˈvɔɪ/

Forms: 1600s renvoy, 1800s– renvoi.

Origin: A borrowing from French. Etymon: French renvoi.

Etymology: < French renvoi, †renvoy process by which a case is referred by one court of jurisdiction to that of another (1373 in Middle French as renvoy ), legal doctrine allowing or requiring a court to apply the rules of a foreign jurisdiction (19th cent.), specific use of renvoi renvoy n. Compare earlier renvoy n.

Law.

A doctrine allowing or requiring a court to apply the rules of a foreign jurisdiction when a conflict of laws arises in a case. Formerly also: †the process by which a case is referred by a court of one jurisdiction to that of another.The application may be partial, where the case is finally decided under the domestic rules of the country of the original court, or total, where the court is required to deal with the case under the same rules as would have applied in the foreign jurisdiction (cf. quot. 1904). Under English law it is only applicable in cases relating to wills and intestate succession and the validity of marriages and does not apply in cases of contract and tort.

ΘΚΠ

society > law > jurisprudence > [noun] > theories or doctrines of the law

rule of law?c1500

epiky1508

equity1528

renvoi1675

legal positivism1870

positivism1927

realism1930

legalitarianism1962

critical race theory1989

1675 Sir L. Jenkins in Life II. 714 The King and his Council were pleased to adjudge, he was sufficiently founded in Point of Jurisdiction, to confiscate that Ship and Goods, and to Try capitally the Person himself, had he been in hold; the matter of Renvoy being a Thing quite disused among Princes; and as every Man, by the Usage of our European Nations, is justiciable in the Place where the Crime is committed.

1823 J. Henry Judgment Court of Demarara Odwin v. Forbes 91 The competency of this court to decide on a question arising out of the bankrupt law of England has been formally denied by the defendant, under the exception of incompetency and renvoi.

1828 J. Henry tr. J. van der Linden Laws Holland iii. ii. 414 The exception or plea of incompetency, and Renvoi or plea to the jurisdiction, when the defendant conceives himself to be brought before a court not competent, and that the cause ought to be referred to another tribunal.

1897 J. 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.

1904 J. P. Bate Doctr. 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.

1970 Internat. & Compar. Law Q. 4th Ser. 19 i. 36 The generally accepted English view has been that tort cases are outside the scope of the doctrine of renvoi.

2002 Internat. & Compar. Law Q. 51 187 Siehr explores the ever-discussed issues of renvoi and other possibilities to solve the problem of different choice of law-rules in different jurisdictions.

This entry has been updated (OED Third Edition, December 2009; most recently modified version published online March 2022).

单词	renvoi
释义	renvoin. Brit. /rɛnˈvɔɪ/, U.S. /rɛnˈvɔɪ/ Forms: 1600s renvoy, 1800s– renvoi. Origin: A borrowing from French. Etymon: French renvoi. Etymology: < French renvoi, †renvoy process by which a case is referred by one court of jurisdiction to that of another (1373 in Middle French as renvoy ), legal doctrine allowing or requiring a court to apply the rules of a foreign jurisdiction (19th cent.), specific use of renvoi renvoy n. Compare earlier renvoy n. Law. A doctrine allowing or requiring a court to apply the rules of a foreign jurisdiction when a conflict of laws arises in a case. Formerly also: †the process by which a case is referred by a court of one jurisdiction to that of another.The application may be partial, where the case is finally decided under the domestic rules of the country of the original court, or total, where the court is required to deal with the case under the same rules as would have applied in the foreign jurisdiction (cf. quot. 1904). Under English law it is only applicable in cases relating to wills and intestate succession and the validity of marriages and does not apply in cases of contract and tort. ΘΚΠ society > law > jurisprudence > [noun] > theories or doctrines of the law rule of law?c1500 epiky1508 equity1528 renvoi1675 legal positivism1870 positivism1927 realism1930 legalitarianism1962 critical race theory1989 1675 Sir L. Jenkins in Life II. 714 The King and his Council were pleased to adjudge, he was sufficiently founded in Point of Jurisdiction, to confiscate that Ship and Goods, and to Try capitally the Person himself, had he been in hold; the matter of Renvoy being a Thing quite disused among Princes; and as every Man, by the Usage of our European Nations, is justiciable in the Place where the Crime is committed. 1823 J. Henry Judgment Court of Demarara Odwin v. Forbes 91 The competency of this court to decide on a question arising out of the bankrupt law of England has been formally denied by the defendant, under the exception of incompetency and renvoi. 1828 J. Henry tr. J. van der Linden Laws Holland iii. ii. 414 The exception or plea of incompetency, and Renvoi or plea to the jurisdiction, when the defendant conceives himself to be brought before a court not competent, and that the cause ought to be referred to another tribunal. 1897 J. 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. 1904 J. P. Bate Doctr. 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. 1970 Internat. & Compar. Law Q. 4th Ser. 19 i. 36 The generally accepted English view has been that tort cases are outside the scope of the doctrine of renvoi. 2002 Internat. & Compar. Law Q. 51 187 Siehr explores the ever-discussed issues of renvoi and other possibilities to solve the problem of different choice of law-rules in different jurisdictions. This entry has been updated (OED Third Edition, December 2009; most recently modified version published online March 2022). < n.1675
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