Renvoi

📄Renvoi

Author: Gocha Okreshidze

Format: PDF | Language: Georgian | Length: 74 pages | Completed: 21 August, 2021

Description

This paper offers a comprehensive analysis of the renvoi doctrine, a fundamental yet complex concept in private international law. The author explores how renvoi is applied, tracing its purpose and underlying mechanism. This doctrine, which is recognized by Georgian law, allows for a country's choice-of-law rules to refer to the private international law of a foreign country, potentially leading to a remission (referral back to the original country) or a transmission (referral to a third country's law). This can have significant practical implications, as it determines the substantive law applicable to a legal dispute.

The paper focuses on the treatment of renvoi in Georgia's Law on Private International Law, specifically analyzing Article 4. It examines how the Georgian legislator has addressed key issues related to the doctrine, including the recognition of renvoi, the exceptions to its application, and the "safety mechanism" that prevents endless referrals by applying Georgian substantive law in cases of remission.

By delving into legal literature and judicial practice, the author evaluates both the merits and demerits of renvoi. The paper provides a clear and structured overview of this institution, shedding light on the ongoing debates and controversies surrounding its application.

Key Features

• A detailed examination of the renvoi doctrine within the context of Georgian private international law.

• An in-depth analysis of Article 4 of Georgia's Law on Private International Law and its provisions on renvoi.

• Exploration of the practical implications of remission and transmission in resolving legal disputes.

• Discussion of the positive and negative aspects of the renvoi doctrine from the perspectives of legal scholars and court rulings.

• Presents a clear and accessible explanation of a complex legal topic.

Who Should Read This Paper

This paper is essential reading for legal professionals, academics, and students specializing in private international law. It will be particularly valuable to judges, attorneys, and scholars seeking to understand the intricacies of choice-of-law rules, the application of foreign law, and the specific legal framework of renvoi in Georgia. Anyone looking for a deeper understanding of this critical component of private international law will find this paper highly informative.

Format & Delivery

• Digital download (PDF format)

• Distributed via email upon request/purchase