renvoi การใช้

• The basic criticism of renvoi is that it can lead to an endless circle.
• Most U . S . states frown upon renvoi in a choice of law situation.
• A single renvoi forum always refers to the other law's choice of law rules.
• Whether a difference actually emerges depends on whether the other state operates a " Single Renvoi " system.
• When North Korean law is employed, the court is often forced to fall back on Japanese law due to renvoi.
• But if both sets of laws operate with either no renvoi system or single renvoi systems, forum shopping will be a potential problem.
• But if both sets of laws operate with either no renvoi system or single renvoi systems, forum shopping will be a potential problem.
• English forum refers to French law ( a single renvoi system ) so English law is applied ( 1st remission ) and France accepts the remission ( 2nd and final ).
• If it finds that the lower court erred, it sets aside the lower court decision and remits the case with its opinion to an appellate court for reconsideration ( " cassation avec renvoi " ).
• Hence, there is another system called " Double Renvoi " or the " Foreign Courts Doctrine " which will also ensure parity of result so long as no other relevant law is using it.
• Sometimes, the Court may overturn a lower court ruling and judge the case " ex proprio motu " without being petitioned ( " cassation sans renvoi " ), as long as the merits and facts of the case are on record.
• Article 24 of this regulation provides : " " The application of the law of any country specified by this Regulation means the application of the rules of law in force in that country other than its rules of private international law . " " hence excluding the possibility of renvoi throughout the EU in tort cases.