RENVOI AS A VALUE-LADEN TECHNIQUE OF CONFLICT OF LAWS
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Abstract
Although the multilateral conflicts method has undergone a significant paradigm shift in its value orientation, the same cannot be said at first glance of the institutes of its general part. Classification, incidental questions and renvoi are still largely viewed as isolated instruments that lack any connection to the values pursued by choice-of-law rules. This paper, nevertheless, uses the example of renvoi to refute the idea that it can be applied mechanically as a value-neutral institute designed to justify a return to the legis fori. On the contrary, I propose to perceive this institute as a complex technical solution, the application of which is determined by the values pursued. This is illustrated, inter alia, on the example of the Succession Regulation and its relation to regulations adhering to the principle of scission.
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