The Institute of Backtracking (Renvoi) in Modern Private International Law in Latin America

Abstract

Introduction: Backtracking is a classic conflict-of-laws problem with a missing unified approach to solving it. In order to harmonize private international law (PIL) and its development, it is necessary to analyze the foreign experience of reforming relevant legal institutions, as well as the approaches developed in relation to them in foreign doctrine and practice. At the same time, the PIL of Latin America, having a long history, has not received a comprehensive analysis and understanding in the Russian doctrine. Modern researchers prefer to analyze the renvoi institute of legal systems close to the Russian one and either superficially and descriptively consider the reverse reference in modern Latin American law, or express erroneous judgments and legal qualifications.Methodology and materials: The purpose of the work is to build a system-integrated view of the renvoi institute in Latin American countries. The author sets the following tasks: to analyze approaches to understanding and evaluating the institution of feedback in foreign doctrine; to form a list of legal and law enforcement features of the implementation of the renvoi institute; to identify the positive and negative features of the implementation of renvoi in the relevant countries. The author applies methods of cognition (analysis and synthesis, induction and deduction, critical and dialectical methods), as well as methods specific directly to legal science (structural-logical, formal-legal, comparative-legal).Research results: The results of the work and individual conclusions can be borrowed for the development of the institution of feedback in national systems. The practical significance lies in the possibility of using the basic provisions in the application of the law of Latin American States, as well as in resolving disputes with the relevant foreign element.Conclusions: The author has not identified a single country from the list of reviewed countries, whose laws provide for the use of exclusively retroactive references to their national law. Most Latin American countries adhere to the concept of the need to allow the return of both degrees, but with a number of important conditions. The results of the study allowed the author to form a classification depending on the characteristics of the renvoi institute in Latin American countries.