国际私法英文案例.docVIP

英文案例: 1. 案例——反致RENVOI Denney v. Denney ( Royde-Smith ) TS Sala 1 : 21 May 1999 Application of a renvoi of return in a matter of succession? 1. Appeal allowed - City of Toulouse only trustees or donees of Art Collection? After considering the evidence submitted on ownership of the collection of Modern Art in Toulouse, the Supreme Court concluded that the City either held the collection as trustees, because the predecessor in title had handed it over in that condition, or as donees, on the basis of accepting the donation made by the testamentary heir. The Court allowed the grounds of the appeal against the ruling of the Provincial Court of Appeal, because the conditions that would require the City of Toulouse to be called to the case were not present.? ( See full judgment Legal Grounds 3? 2. Renvoi can only be applied under limited conditions? In considering the question of which material law should apply to the succession of the deceased. a purely literal application of Article 12.2 of the Civil Code would lead to the solution argued in the claim. However current developments of International Private Law involve a very precise treatment of renvoi in which it is not accepted or rejected indiscriminately, but is applied flexibly and subject to conditions and limitations.?? (See full judgment Legal Grounds 4 ) 3. Claim by Denney Children rejected on four grounds? The claim was rejected and the ruling of First Instance was revoked on four grounds. Firstly, that the application of renvoi in this case would? be contrary to the principle of unity of succession; secondly, it would make unenforceable the guiding principle of English Law of freedom to testate; thirdly, that it would not lead to a harmony of solutions; and fourthly, that it would not produce greater justice for those involved.?? (See full judgment Legal Grounds 4) 4. Earlier ruling by Provincial Appeal Court on costs overturned? The order of the Provincial Appeal Court in Badajoz, ordering the