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without giving effect to conflict of laws

English translation: without regard to the choice of law provisions

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:without giving effect to conflict of laws
English translation:without regard to the choice of law provisions
Entered by: Polangmar
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00:17 Jul 27, 2010
English to English translations [PRO]
Law/Patents - Law: Contract(s) / governing law
English term or phrase: without giving effect to conflict of laws
What does this phrase "without giving effect to conflict of laws" mean?
Without considering ...?
e.g.
Governing Law: The Contest and the rights and obligations of all entrants and Submissions shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without effect to any principles of conflicts of law, and the federal law of the United States.

Of Virginia laws and principles of conflicts of law, which will take precedence?

Cf:
How should I interpret the phrase "without giving effect to conflict of laws"?
Accepted Answer
This language is used to say that the preceding statement is legal and binding - UNLESS it is in conflict with a current or future law in which case that law would prevail (and set the precedence for that area of the contract).
http://www.justanswer.com/questions/10xps-how-should-i-inter...

Is this explanation correct in this web link?
Edward LIU
Local time: 02:20
without regard to the choice of law provisions
Explanation:
A very good explanation below.

Conflict of Law Provisions
Everyone has seen it in their contracts and wondered what it means. It is always in the miscellaneous section at the end of agreements. It usually says something like, “without regard to the conflicts of law provisions therein.” The full text is “This Agreement shall be governed by the laws of the State of Texas, without regard to the conflicts of laws provisions therein.” Why is it included?
This provision is used to take interpretation of an agreement outside of the state law where a cause of action occurs. For instance, if you have an agreement with a company that is in California there could be a cause of action that arises in California. However, you want the laws of Texas to apply. You have added a “choice of law” provision for that very reason. Unfortunately, most states have a rule that says the law of the state where the cause of action arose governs that cause of action. This would mean that if the cause of action happened in California, even if you said you wanted Texas law to aply, Texas law would point back to California. By adding the "without regard to the conflicts of law provision" we are able to negate the Texas law that points back to California. that is why most choice of law provisions contain the described clause and you should think about verifying that your's does too.
http://blog.sprosslaw.com/2008/05/conflict-of-law.html

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Note added at 19 hrs (2010-07-27 19:32:38 GMT)
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It should be "the choice-of-law provisions" but this expression is rarely hyphenated.
Selected response from:

Polangmar
Poland
Local time: 07:20
Grading comment
Thank you very much.
4 KudoZ points were awarded for this answer



Summary of answers provided
5No - it means rules of "private international law"
Charlesp
4without regard to the choice of law provisionsPolangmar


Discussion entries: 3





  

Answers


19 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
without regard to the choice of law provisions


Explanation:
A very good explanation below.

Conflict of Law Provisions
Everyone has seen it in their contracts and wondered what it means. It is always in the miscellaneous section at the end of agreements. It usually says something like, “without regard to the conflicts of law provisions therein.” The full text is “This Agreement shall be governed by the laws of the State of Texas, without regard to the conflicts of laws provisions therein.” Why is it included?
This provision is used to take interpretation of an agreement outside of the state law where a cause of action occurs. For instance, if you have an agreement with a company that is in California there could be a cause of action that arises in California. However, you want the laws of Texas to apply. You have added a “choice of law” provision for that very reason. Unfortunately, most states have a rule that says the law of the state where the cause of action arose governs that cause of action. This would mean that if the cause of action happened in California, even if you said you wanted Texas law to aply, Texas law would point back to California. By adding the "without regard to the conflicts of law provision" we are able to negate the Texas law that points back to California. that is why most choice of law provisions contain the described clause and you should think about verifying that your's does too.
http://blog.sprosslaw.com/2008/05/conflict-of-law.html

--------------------------------------------------
Note added at 19 hrs (2010-07-27 19:32:38 GMT)
--------------------------------------------------

It should be "the choice-of-law provisions" but this expression is rarely hyphenated.

Polangmar
Poland
Local time: 07:20
Specializes in field
Native speaker of: Native in PolishPolish
PRO pts in category: 12
Grading comment
Thank you very much.
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2 days15 hrs   confidence: Answerer confidence 5/5
No - it means rules of "private international law"


Explanation:
The short answer to your specific question is: "No."
The answer which you provide is entirely wrong, and shows an absence of legal knowledge.

The term in Europe for "conflict of laws" is "private international law." That may help you in understanding what the text means.

Charlesp
Sweden
Local time: 07:20
Specializes in field
Native speaker of: English
PRO pts in category: 11
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Changes made by editors
Aug 11, 2010 - Changes made by Polangmar:
Edited KOG entry<a href="/profile/67316">Edward LIU's</a> old entry - "without giving effect to conflict of laws" » "without regard to the choice of law provisions"
Aug 1, 2010 - Changes made by Polangmar:
Field (specific)Law: Patents, Trademarks, Copyright » Law: Contract(s)


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