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Unit 3: Characterization, Connecting Factor and Doctrine of Renvoi
3.1 Characterization
The problem (the first-step’s-trap): the category’s-classification (the question’s-nature (the “what-is-this-issue?” (the rule’s-selection-depends-on-the-label))); the classic-examples (the Malta-marriage’s-lore (the nullity-vs-the-succession’s (the capacity-or-the-form)))); The approaches (the exam’s-menu): the lex-fori (the forum’s-own-labels (the majority’s-practice (the practical (the court’s-comfort)))); the lex-causae (the law’s-own-label (the circularity’s-critique)); the comparative-and-the-autonomous (the international-concepts (the Rome’s-autonomous-reading (the treaties’-method))); the subtler’s-issues (the incidental-question (the main-issue’s-dependency (the preliminary’s-own-choice))); the time’s-element (the characterization-when (the changing-category’s)).
3.2 Connecting Factors
The definition: the law-locator (the point’s-contact (the relationship’s-fact (the “where-does-this-legal-relationship-belong?”))); The catalogue (the exam’s-list): the nationality (the person’s-state (the civil-law’s-favourite)); the domicile (the permanent-home (the common-law’s (the U4’s-own-unit))); the habitual-residence (the modern’s-compromise (the Brussels’s-and-the-Hague’s (the U4’s)); the place-of-celebration (the marriage’s-locus (the form’s)); the situs (the property’s-place (the rem’s)); the place-of-performance (the obligation’s (the contract’s-fact)); the place-of-the-tort (the wrong’s-place (the delict’s)); the party-autonomy (the choice’s (the connecting-factor’s-revolution (the U6’s))); The factors’-conflicts-and-flex: the alternative-referencing (the validity-favouring (the “whichever-validates” (the marriage’s-pilot))); the accumulation (the double-factor (the protective’s)); the escaping-techniques (the public-policy’s (the evasion’s (the fraus’s))).
3.3 Renvoi
3.3.1 Concept and Types
The concept (the “returning”): the reference-back (the forum’s-choice-rules-point-to-the-foreign’s-whole-law (the choice-rules-included (the foreign’s-rule-points-back…))); the mechanism’s-example (the English-domicile-vs-the-French-nationality (the classic’s-loop (the testament’s-lore))); The types: the remission (the return-to-the-forum’s-own-law (the first-rebounce (the forum’s-law-applies))); the transmission (the third-law’s-destination (the onward-to-another’s (the two-step’s))); the total-renvoi (the whole-choice-law’s (the England’s-practice)); the single-renvoi (the first-reference’s-stop (the France’s-style)); the no-renvoi (the substance-only (the rule-points-to-the-foreign-substantive (the majority’s-modern-avoidance))).
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