The Decline and Upswing of Renvoi in the Private International Law of the European Union
The Decline and Upswing of Renvoi in the Private International Law of the European Union
Author(s): Şerban Alexandru StănescuSubject(s): International Law
Published by: Editura Hamangiu S.R.L.
Keywords: conflicting legal rule; lex fori; renvoi; governing law;
Summary/Abstract: A traditional notion of the private international law, renvoi has currently reached a turning point, without finding, however, a definite direction to follow. Although theoretical arguments are in favor of maintaining it, as a tool for coordinating legal systems liable to apply to a cross-border legal relationship, practical reasoning is against it: renvoi may delay the judgment of a case, increasing the number of prior approaches before establishing the governing law and, moreover, may lead to uncertainty in this regard. Given these circumstances, this study aims at investigating the current status of regulation of renvoi in the European Union law, in an attempt to identify its future direction of development.
Journal: Conferința Internațională de Drept, Studii Europene și Relații Internaționale
- Issue Year: V/2017
- Issue No: V
- Page Range: 180-185
- Page Count: 6
- Language: English