Glossary entry (derived from question below)
Dutch term or phrase:
dwingendrechterlijke
English translation:
imperative
Added to glossary by
moya
Jun 29, 2004 14:59
19 yrs ago
Dutch term
dwingendrechterlijke
Dutch to English
Bus/Financial
Law: Contract(s)
hello everyone,
This one is to do with commercial agreements, if anyone can help, thanks a lot.
This one is to do with commercial agreements, if anyone can help, thanks a lot.
Proposed translations
(English)
4 +2 | imperative | jarry (X) |
4 +3 | mandatory | Chris Hopley |
Proposed translations
+2
1 hr
Selected
imperative
...
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Note added at 1 hr 42 mins (2004-06-29 16:42:38 GMT)
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or rather peremptory (law)
http://www.eurofound.eu.int/emire/GERMANY/PEREMPTORYLAW-DE.h...
Term applied to a legal provision which, in contrast to discretionary law , is not transactionable, i.e. parties participating in the general operation of the law cannot agree between themselves to set it aside ( jus cogens ). Procedural law falls into this category as a matter of principle. In labour law , the concept of unilaterally peremptory law also exists. This occurs in the case of legal provisions whose validity, in accordance with the principles of precedence and favourability, cannot be excluded by individual agreement; private arrangements in favour of the employee are excepted.
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Note added at 1 hr 46 mins (2004-06-29 16:46:35 GMT)
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http://students.law.wisc.edu/WILJ/abstracts/131.htm
This essay will trace the foundation and origins of the unique category of law, and attempt to explain how peremptory-law questions may be adjudicated by the International Court of Justice (ICJ). Section I explains the peculiar character of jus cogens as rules that set bounds upon the universe of legally permissible outcomes, and gives an account of their rather problematic doctrinal origins in the conscience of the international legal community. This article describes how the idea of peremptory norms developed in modern international jurisprudence, and recounts the many disputes over what substantive content to assign to such rules.
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Note added at 1 hr 49 mins (2004-06-29 16:49:01 GMT)
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http://www.cloudberryfurniture.se/english/terms.html
7 § Limitation of liability
7.1 For the final customer the following applies: In case any term in this agreement should be contrary to peremptory law, this part of the terms is not applicable. For other customers than the final customer the following applies:
7.1.1 these terms regulate the extent of our duties and our liability regarding the supply of products;
7.1.2 there are no guarantees or terms binding on us besides what appears expressly from the agreement; and
7.1.3 all guarantees or terms concerning products which could otherwise be read into or incorporated with the agreement according to law or in another way (including unlimitedly implied terms as to quality or fitness) are hereby expressly excluded.
7.2 The terms of this agreement do not limit or exclude our liability in case of death or personal injury due to negligence on our part, nor do they limit our liability for deception.
7.3 The terms 7.1 and 7.2 excepted, we are not responsible for the loss of income, default of profit, loss of contract, or for any indirect loss or sequel loss or damage of any kind, however it may have arisen, and even if it has been caused by infringement (including negligence) of such a nature that compensation would be justified, breach of contract or otherwise.
7.4 The terms 7.1, 7.2 and 7.3 excepted, our maximum total liability according to the agreement shall under no circumstances exceed the sum you are bound to pay us for the products concerned, no matter if it is valid owing to agreement, infringement (including negligence) of such a nature that compensation would be justified, or for any other reason.
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Note added at 1 hr 42 mins (2004-06-29 16:42:38 GMT)
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or rather peremptory (law)
http://www.eurofound.eu.int/emire/GERMANY/PEREMPTORYLAW-DE.h...
Term applied to a legal provision which, in contrast to discretionary law , is not transactionable, i.e. parties participating in the general operation of the law cannot agree between themselves to set it aside ( jus cogens ). Procedural law falls into this category as a matter of principle. In labour law , the concept of unilaterally peremptory law also exists. This occurs in the case of legal provisions whose validity, in accordance with the principles of precedence and favourability, cannot be excluded by individual agreement; private arrangements in favour of the employee are excepted.
--------------------------------------------------
Note added at 1 hr 46 mins (2004-06-29 16:46:35 GMT)
--------------------------------------------------
http://students.law.wisc.edu/WILJ/abstracts/131.htm
This essay will trace the foundation and origins of the unique category of law, and attempt to explain how peremptory-law questions may be adjudicated by the International Court of Justice (ICJ). Section I explains the peculiar character of jus cogens as rules that set bounds upon the universe of legally permissible outcomes, and gives an account of their rather problematic doctrinal origins in the conscience of the international legal community. This article describes how the idea of peremptory norms developed in modern international jurisprudence, and recounts the many disputes over what substantive content to assign to such rules.
--------------------------------------------------
Note added at 1 hr 49 mins (2004-06-29 16:49:01 GMT)
--------------------------------------------------
http://www.cloudberryfurniture.se/english/terms.html
7 § Limitation of liability
7.1 For the final customer the following applies: In case any term in this agreement should be contrary to peremptory law, this part of the terms is not applicable. For other customers than the final customer the following applies:
7.1.1 these terms regulate the extent of our duties and our liability regarding the supply of products;
7.1.2 there are no guarantees or terms binding on us besides what appears expressly from the agreement; and
7.1.3 all guarantees or terms concerning products which could otherwise be read into or incorporated with the agreement according to law or in another way (including unlimitedly implied terms as to quality or fitness) are hereby expressly excluded.
7.2 The terms of this agreement do not limit or exclude our liability in case of death or personal injury due to negligence on our part, nor do they limit our liability for deception.
7.3 The terms 7.1 and 7.2 excepted, we are not responsible for the loss of income, default of profit, loss of contract, or for any indirect loss or sequel loss or damage of any kind, however it may have arisen, and even if it has been caused by infringement (including negligence) of such a nature that compensation would be justified, breach of contract or otherwise.
7.4 The terms 7.1, 7.2 and 7.3 excepted, our maximum total liability according to the agreement shall under no circumstances exceed the sum you are bound to pay us for the products concerned, no matter if it is valid owing to agreement, infringement (including negligence) of such a nature that compensation would be justified, or for any other reason.
Peer comment(s):
agree |
Chris Hopley
: excellent
1 hr
|
Thank you!
|
|
agree |
writeaway
: interesting difference between mandatory and peremptory provisions. Merci beaucoup, M. le Professeur. So in some cases the context will make the difference. Réponse: mais OUI ! :-)
2 hrs
|
Does not the context always make "la différence"?
|
4 KudoZ points awarded for this answer.
Comment: "thanks jarry"
+3
16 mins
mandatory
I agree with Jurlex that 'mandatory' is probably enough. E.g. you could translate 'dwingendrechterlijke bepalingen' as 'the mandatory provisions of law'.
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Note added at 3 hrs 17 mins (2004-06-29 18:17:06 GMT)
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inderdaad: dwingendrechtelijk
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Note added at 3 hrs 17 mins (2004-06-29 18:17:06 GMT)
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inderdaad: dwingendrechtelijk
Peer comment(s):
agree |
Anjo Sterringa
: yes, is in fact same idea as 1st answer, although 'regulations', not law(s) in the source text.
13 mins
|
agree |
writeaway
: I couldn't find it in Jurlex (duh) but guessed it had to be mandatory. not much else it could be..(forced by law literally). :-)
18 mins
|
agree |
winterjasmij (X)
: Het staat wel in jurlex: uiteraard onder de ingang 'dwingendrechtelijke' die 'r' in het origineel is dus een typo.
1 hr
|
Discussion
Sorry about this. And thanks everyone.