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without regard to conflicts of law provisions

English translation: The latter...

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10:37 Jul 11, 2002
English to English translations [Non-PRO]
Law/Patents
English term or phrase: without regard to conflicts of law provisions
This Agreement shall be governed by and interpreted under the laws of the State of North Carolina, United States of America, without regard to conflicts of law provisions.

Does this refer to conflict between the Agreement and law provisions, or, conflict among law provisions themselves?
Satoshi Yamada
Local time: 09:34
English translation:The latter...
Explanation:
Let's say that the agreement is entered into by two paries, company x and company y.

Company x is registered in North Carolina, USA and company Y in another state or another country altogehter.
This agreement should be regulated according to the law provisions of North Carolina where company x is registered regardless of the fact that these provisions are different from those governing company y.

Hope this helps.

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Note added at 2002-07-11 10:50:29 (GMT)
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paries means parties, of course,... ;-)
Selected response from:

Christina Clark
Denmark
Local time: 02:34
Grading comment
Very clear. Thanks a lot.
3 KudoZ points were awarded for this answer

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Summary of answers provided
5between the laws themselves
Elvira Stoianov
4typoTatiana Neroni
4conflicts between laws in different jurisdictionscheungmo
4The latter...
Christina Clark


  

Answers


12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
The latter...


Explanation:
Let's say that the agreement is entered into by two paries, company x and company y.

Company x is registered in North Carolina, USA and company Y in another state or another country altogehter.
This agreement should be regulated according to the law provisions of North Carolina where company x is registered regardless of the fact that these provisions are different from those governing company y.

Hope this helps.

--------------------------------------------------
Note added at 2002-07-11 10:50:29 (GMT)
--------------------------------------------------

paries means parties, of course,... ;-)

Christina Clark
Denmark
Local time: 02:34
Native speaker of: Danish
PRO pts in pair: 9
Grading comment
Very clear. Thanks a lot.
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13 mins   confidence: Answerer confidence 5/5
between the laws themselves


Explanation:
I have seen this recently in a licence agreement and there it was expressed as "conflicting laws", so it is about laws conflicting with one another

Elvira Stoianov
Luxembourg
Local time: 02:34
Native speaker of: Native in RomanianRomanian, Native in HungarianHungarian
PRO pts in pair: 8
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24 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
conflicts between laws in different jurisdictions


Explanation:
Just clarifying CDClark's answer.

"Conflict of laws", is a set term in law referring to conflicts between laws in different jurisdiction, be they geographic (between two or more states), or strictly jurisdictional (city versus state/provincial).


cheungmo
PRO pts in pair: 27
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16 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
typo


Explanation:
Agreements are not things cast in stone, they're written by people who can make mistakes, and sometimes blunders happen, I think this is one of those cases.

When a conflict of laws is meant, it's clearly put into the agreement as a conflict of laws - that any conflict of laws between jurisdictions will be disregarded and that PARTIES AGREE by entering into this very Agreement that their disputes and transactions are going to be governed by the laws of N. Carolina or whatever else, OVERRULLING any other laws of any other jurisdictions they belong to. No provisions about conflict of laws can be put after this phrase, and the phrase as it is given definitely hints at the existence of such provisions later on in the same Agreement.

Parties cannot enter into a legally binding Agreement, one part of which unnecessarily duplicates or contradicts (or both in one go) the other part of the Agreement. This should be a typo calling for reformation of the contract. The phrase definitely lacks clarity, and the word "provisions" is out of place...

Such "conflicts of laws provisions" simply CANNOT be put into the same Agreement with a "Governing law provision" by a lawyer who knows what he/she is doing. The only thing that can be left there is "conflict of laws", and nothing after it.

Tatiana Neroni
PRO pts in pair: 20
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