Renvoi Questions
1) Why is there an exception to the rejection of renvoi concerning real
property?
2) Why doesn't the adoption of renvoi "place the court in a
perpetually-enclosed circle from which it could never emerge" (p. 63 in
both the 7th and 8th eds.)?
3) In Schneider's Estate,
when the New York court looked to Swiss law, it looked to the whole of
Swiss law, including its choice-of-law rules. But when Swiss
choice-of-law rules looked to New York law, it looked only to New
York's internal law. Why? If New York accepts the renvoi, shouldn't
Switzerland do so too?
4) Assume that every state has the same choice of law rules. Would it
matter then whether a state accepts or rejects the renvoi? Would this
difference make any difference in what law was ultimately chosen?
5) Is the argument that accepting the renvoi leads to unending circling
any different from the following argument? "It is wrong to want to do
what someone else wants to do. For if they want to do what you want to
do, there will be unending circling and no one will be able to figure
out what to do."
6) Is In re Annesley an unending circling
case? Cutting through the renvoi knot, which country is most interested
in having its law apply, England or France?