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Renvoi in the Legal System of Afghanistan
Authors: Ainullah Karimi(1*),
Amanullah Zadran (2),
Saeedullah Haneef (3)
In the realm of international private law, before a judge can exercise his/her authority to adjudicate a claim, it is necessary to find the governing law under which he/she can make a decision. To achieve his/her goal, the judge is obliged to explain the claim. After that, he/she places it in his respective liaison section, or enforces the conflict resolution rule related to that section, until he/she can reach the ruling law. In the case of the application of the conflict resolution rule, the judge faces two situations, which are co-ordination and non-coordination of the conflict resolution rules. One form of theirs is called negative conflict or renvoi. And it occurs when the countries involved in the lawsuit, have no authority to intervene and the law of the other country is considered to be justified in handling the lawsuit. The goal of this research is to identify the right law and the right court in case of conflict of law in order to better address the issue. That is, if there is a conflict between the laws of countries, it must first be determined whether it is a positive or a negative conflict, so that the problem can be easily resolved. If there is a negative conflict, as a result, the renvoi takes place. For renvoi, the law and the systems of the countries concerned should be studied well in order to resolve the problem easily. As a result of this research, we can understand that in case of a foreign case the judge should try to find foreign righteous law and should make a decision by applying the substantial rules of the righteous law.
Renvoi, Classification of Renvoi, Renvoi in the legal system of AfghanistanDownload PDF