The application of foreign law, the clause of exception and the renvoi doctrine in the argentine private international law: a pragmatic trinomy

Abstract

The incorporation into the Civil and Commercial Code of the Nation of a title dedicated to provisions of International Private Law implied a change for Argentina. Faced with an incomplete systematization of the rules that regulate these legal relationships, we are obliged to reinterpret today's solutions.

Now, we have rules that regulate the general aspect by introducing new challenges and overcoming old problems. The reception of the renvoi doctrine opens up to us as a new path expected by many. This regulation must be interpreted together with the novel incorporation of the "exception clause" that proposes a flexibilization of the Argentine conflict system and that, together, become two “friends” that function in a peculiar way.