Login or register (free and only takes a few minutes) to participate in this question.
You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.
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) --------------------------------------------------
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) --------------------------------------------------
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.
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) --------------------------------------------------
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) --------------------------------------------------
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.
xxxjarry South Africa Local time: 05:16 Specializes in field Native speaker of: English PRO pts in category: 209
Grading comment
thanks jarry
16 mins confidence: peer agreement (net): +3
mandatory
Explanation: I agree with Jurlex that 'mandatory' is probably enough. E.g. you could translate 'dwingendrechterlijke bepalingen' as 'the mandatory provisions of law'.
-------------------------------------------------- Note added at 3 hrs 17 mins (2004-06-29 18:17:06 GMT) --------------------------------------------------
inderdaad: dwingendrechtelijk
Chris Hopley Netherlands Local time: 05:16 Specializes in field Native speaker of: English PRO pts in category: 47
KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.
The translation workplace 
peer agreement (net): +2
