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As regards unjust enrichment, in BarrosMattosJunior vMacDaniels LtdeA counsel for the claimant argued that the applicable law should be construed as being that law, including its rules of private international law, Lawrence C O L L I N S J, while judging the argument to be premature, nevertheless opined that, although there is no authority directly in point, "the claim to the application of renvoi in restitution claims is weak". (b) Issues to which renvoi may apply (i) Validity of bequests Where the essential validity of a will66 or intestate succession to movables67 is determina ble by the law of a foreign country, the view that would be taken of the matter by the foreign judge, if he were hearing the case, must be adopted. Also, in cases in which the testator died before 1964 and in cases in which, although he died after 1963, the formal validity of his will is considered under the old common law rule of reference to the law of the domicile, a grant of probate will not be denied on the ground of formal invalidity if the will is formally valid according to the private international law, though not according to the internal law, of the governing legal system. (ii) Claims to foreign immovables Where a question arises of the right to foreign immovables, as in Re Ross,69 the English court will apply the private international law rules of the country where the immovables are situated, if they would be applied by a court of the situs hearing the same question. This may be justified on the ground that it promotes the security of title. (Hi) Somecaies of movables If the English choice of law rule refers a disputed title to movables to the law of their situs at the time when the alleged title was said to have been acquired, it Is probable that the court will apply the internal system of law that a court of the situs would apply in the particular circumstances of the case. [2005] ILPr45.

Para 121. See also Rome II Regulation, Art 24;

infra, p 788.

ReAnnesley [1926] Ch 692, supra, p 67;

Re Ross [1930] I Ch 377, supra, p 68;

Re Adams [1967] IR 424.

Proposed European harmonisation of choice of law rules concerning the essential validity ofwills would "obviate the need for renvoi where all the connecting factors are situated in a Member State". See EU Green Paper, "Succession and Wills" C O M (2005) 65 final, para 2.7;

infra, Chapter 32.

Re O'Keefe [1940] Ch 124, supra, p 65;

ciRe Thorn (1987) 40 DLR (4th) 184.

Collier vRivaz(l\) 2 Curt 855, supra, p 66-Frere vFrere[\M7) 5 Notes of Cases 593;

and see Wills Act 1963, infra, pp 1266-1267.

[1930] I C h 377, supra, p 68.

Re Ross, supra, p 68;

Re Duke ofWellington [1947] Ch 506, supra, p 69;

Re Bailey [1985] 2 NZLR 656;

Re Schneider's Estate 96 NYS 2d 652 (Surr Ct 1950), discussed by Morris (1951) 4 I L Q 2 6 8 ;

Faiconbridge (1953) 6 Vanderbilt LR 708,725-731 - See Carruthers, paras 1.43-1.45, and pp 276 and 293 Yntema (1957) 35 Can Bar Rev 721,740.

See The Islamic Republic of Iran v Berend [2007] EWHC 132 (QB), [2007] 2 All ER (Comm) 132, and note by Knight (2007) Conveyancer and Property Lawyer 564. In Macmtllan Inc v Bishopsgate Trust (No 3) [1996] 1WLR 387, STAUGHTON LJ said (at p 405) that renvoi did not apply to the choice of the law to determine (iv) Family law issues The one area of family law where there is clear authority for the application of renvoi is that of the recognition, at common law, of legitimation by subsequent marriage. There is also some authority for the application of the doctrine of renvoi to matrimonial property issues74 and to both formal 75 and essential76 validity of marriage.77 What is not wholly clear is whether renvoi allows the validity of a marriage to be upheld if it is valid either under the internal law of the country to which English choice of law rules refer or under that country's private international law rulesa rule of alternative reference. So too in relation to children, the Per&~Vera Report on the 1980 Hague Convention on the Civil Aspects of International Child Abduction indicates that the applicable law in terms of the Convention includes its rules of private international law. who has title to shares in a company. But see Winkworth v Christie, Manson and Woods Ltd [1980] Ch 496 at 514;

and infra,p 1213etseq.

Re Askew [1930] 2 Ch 259, supra, pp 68-69. It is doubtful whether the doctrine of renvoi applies to rec ognition of a foreign legitimation under the Legitimacy Act 1976, s 3, infra, pp 1153-1154.

Vladi v Vladi (1987) 39 DLR (4th) 563.

TaczanowskavTaczanowski{\957\ P 301;

see also Hooper v Hooper [1959] 2A11ER575, infra,p884.

R v Brentwood Superintendent Registrar ofMarriages, exp Arias [1968] 2 QB 956, infra, pp 913-915. The actual decision in this case would now be different by reason of the Family Law Act 1986, s 50, infra, p 915.

This view was provisionally supported in Law Commission Working Paper No 89 (1985), paras 2.39, 3.39;

but not all commentators agreed, see Law Com No 165 (1987), paras 2.5-2.6. Similarly, use of renvoi is expressly permitted by the Civil Partnership Act 2004, s 54(10) in relation to testing the validity of civil partner ships registered outside England and Wales (cf s 124(10), for Scotland, and s 177(10) for Northern Ireland).

Infra, pp 912-913.

Explanatory Report (1981), paras 66 and 67. Infra, Chapter 24. See, eg, Re JB (ChildAbduction) (Rights of Custody: Spain) [2003] EWHC 2130, [2004] 1 FLR 796, discussed by Beevers and Perez Milla (2007) 3 J Priv Int L 201.



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