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choice of law principles

Japanese translation: 抵触法の原則


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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:choice of law principles
Japanese translation:抵触法の原則
Entered by: xxxskellyfish
Options:
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09:45 Feb 11, 2011
English to Japanese translations [PRO]
Law/Patents - Law: Contract(s) / Governing Law
English term or phrase: choice of law principles
The whole phrase is "without giving effect to its choice of law principles".
haundna
抵触法の原則/
Explanation:

This is a phrase from a contract saying that they will choose the law of one region/state/country, but they will EXCLUDE the choice of law rules of that region/state/country (which might otherwise override their contractual clause choosing that law).

The whole phrase would be:
http://futurus.blog51.fc2.com/blog-entry-130.html
「抵触法の原則は適用しない」

For example, Japan's "choice of law principles" come from 法の適用に関する通則法.
http://www.uslaw.com/bulletin/japan-new-law-on-choice-of-law...
http://www.international-divorce.com/horei_law.htm
http://ja.wikipedia.org/wiki/法の適用に関する通則法

--------------------------------------------------
Note added at 4 hrs (2011-02-11 13:54:05 GMT)
--------------------------------------------------

Sorry for the typo in the answer. I wanted to note that you can also say 「抵触法の規定」.

--------------------------------------------------
Note added at 4 hrs (2011-02-11 13:55:11 GMT)
--------------------------------------------------

For general information about conflict of laws and choice of law, see:
http://ja.wikipedia.org/wiki/国際私法
http://en.wikipedia.org/wiki/Conflict_of_laws

--------------------------------------------------
Note added at 1 day3 hrs (2011-02-12 13:06:48 GMT)
--------------------------------------------------

There is a subtle difference between 準拠法選択 and , but it's very important. The first would be called "choice of lex causae" in English and the latter would be called "choice of law" or "conflicts of law." The latter is the correct referent, as this refers to a BODY of law.

"Lex causae" is one narrow part of "choice of law"/"conflicts of law," and lawyers don't refer to lex causae specifically when drafting contracts. It's better to leave the translated clause just as broad as the original, in which place you would stick with "choice of law" or "conflicts of law" as an entire body of law. Additionally, references to 選択 with respect to 準拠法 are generally referring to the choices of the parties, as 選択 implies selection rather than decision (決定) based on principles of law. Even the Japanese law on choice of laws (法の適用に関する通則法) only uses the word 選択 to refer to the choices of the parties in their agreement. See http://law.e-gov.go.jp/announce/H18HO078.html

First of all, "conflict[s] of law principles" = "choice of law principles."
http://topics.law.cornell.edu/wex/Conflict_of_laws

Black's law definition of "choice of law": "The question of which jurisdiction's law should apply in a given case"

Black's law definition of "conflict of laws": "(1) A difference between the laws of different states or countries in a case in which a transaction or occurrence central to the case has a connection to two or more jurisdictions; (2) The body of jurisprudence that undertakes to reconcile such differences or to decide what law is to govern in these situations; the principles of choice of law

http://eow.alc.co.jp/conflict of laws/UTF-8/
without giving effect to any principles of conflicts of laws
《契約書》法の抵触に関する原則の適用を除いて

Here are some examples of the phrase "without giving effect to its choice of law principles" appearing in Japanese agreement:

http://www.intel.com/jp/support/siu_la.htm
“Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.”
準拠法: 本契約から生ずる請求には、抵触法の原則および国際物品売買契約に関する国連条約を除き、アメリカ合衆国のデラウェア州の法律が適用されます。

http://developers.sun.com/sunstudio/documentation/ss12u1/Sof...
準拠法：本契約は、カリフォルニア州法および統括している米国連邦を準拠法とします。いかなる地域の抵触法に関する法令も適用されません。

別の翻訳者の説明はとちら：http://kaicorp.com/kai05.html
Selected response from:

xxxskellyfish
Local time: 15:24
Grading comment
Thank you for your detailed explanation.
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +1抵触法の原則/xxxskellyfish
4 +1準拠法選択の原則
Soonthon LUPKITARO(Ph.D.)
4法原理の選択Yasutomo Kanazawa


Discussion entries: 2





  

Answers


6 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
準拠法選択の原則


Explanation:
This is a contractual phrase.
See: http://ja.wikipedia.org/wiki/準拠法 ; http://www.globalcoe-waseda-law-commerce.org/activity/pdf/11... ; http://www.ritsumei.ac.jp/acd/cg/law/lex/95-3/hizume.htm

Soonthon LUPKITARO(Ph.D.)
Thailand
Local time: 02:24
Works in field
Native speaker of: Native in ThaiThai
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
agree  Hidenori Nakamura
16 hrs
agree  Junko F
1 day3 hrs
disagree  xxxskellyfish: "選択" is used to refer to the choices of the parties, rather than decisions (決定) based on the body of law called "choice of law" or "conflict of laws."
1 day4 hrs
Login to enter a peer comment (or grade)

6 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
法原理の選択


Explanation:
http://d.hatena.ne.jp/bei-jing/20071022/1193062409

意味としては、法原理の選択に関係なく、という意味です。

Yasutomo Kanazawa
Local time: 04:24
Works in field
Native speaker of: Native in JapaneseJapanese
PRO pts in category: 117
Login to enter a peer comment (or grade)

4 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
抵触法の原則/


Explanation:

This is a phrase from a contract saying that they will choose the law of one region/state/country, but they will EXCLUDE the choice of law rules of that region/state/country (which might otherwise override their contractual clause choosing that law).

The whole phrase would be:
http://futurus.blog51.fc2.com/blog-entry-130.html
「抵触法の原則は適用しない」

For example, Japan's "choice of law principles" come from 法の適用に関する通則法.
http://www.uslaw.com/bulletin/japan-new-law-on-choice-of-law...
http://www.international-divorce.com/horei_law.htm
http://ja.wikipedia.org/wiki/法の適用に関する通則法

--------------------------------------------------
Note added at 4 hrs (2011-02-11 13:54:05 GMT)
--------------------------------------------------

Sorry for the typo in the answer. I wanted to note that you can also say 「抵触法の規定」.

--------------------------------------------------
Note added at 4 hrs (2011-02-11 13:55:11 GMT)
--------------------------------------------------

For general information about conflict of laws and choice of law, see:
http://ja.wikipedia.org/wiki/国際私法
http://en.wikipedia.org/wiki/Conflict_of_laws

--------------------------------------------------
Note added at 1 day3 hrs (2011-02-12 13:06:48 GMT)
--------------------------------------------------

There is a subtle difference between 準拠法選択 and , but it's very important. The first would be called "choice of lex causae" in English and the latter would be called "choice of law" or "conflicts of law." The latter is the correct referent, as this refers to a BODY of law.

"Lex causae" is one narrow part of "choice of law"/"conflicts of law," and lawyers don't refer to lex causae specifically when drafting contracts. It's better to leave the translated clause just as broad as the original, in which place you would stick with "choice of law" or "conflicts of law" as an entire body of law. Additionally, references to 選択 with respect to 準拠法 are generally referring to the choices of the parties, as 選択 implies selection rather than decision (決定) based on principles of law. Even the Japanese law on choice of laws (法の適用に関する通則法) only uses the word 選択 to refer to the choices of the parties in their agreement. See http://law.e-gov.go.jp/announce/H18HO078.html

First of all, "conflict[s] of law principles" = "choice of law principles."
http://topics.law.cornell.edu/wex/Conflict_of_laws

Black's law definition of "choice of law": "The question of which jurisdiction's law should apply in a given case"

Black's law definition of "conflict of laws": "(1) A difference between the laws of different states or countries in a case in which a transaction or occurrence central to the case has a connection to two or more jurisdictions; (2) The body of jurisprudence that undertakes to reconcile such differences or to decide what law is to govern in these situations; the principles of choice of law

http://eow.alc.co.jp/conflict of laws/UTF-8/
without giving effect to any principles of conflicts of laws
《契約書》法の抵触に関する原則の適用を除いて

Here are some examples of the phrase "without giving effect to its choice of law principles" appearing in Japanese agreement:

http://www.intel.com/jp/support/siu_la.htm
“Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.”
準拠法: 本契約から生ずる請求には、抵触法の原則および国際物品売買契約に関する国連条約を除き、アメリカ合衆国のデラウェア州の法律が適用されます。

http://developers.sun.com/sunstudio/documentation/ss12u1/Sof...
準拠法：本契約は、カリフォルニア州法および統括している米国連邦を準拠法とします。いかなる地域の抵触法に関する法令も適用されません。

別の翻訳者の説明はとちら：http://kaicorp.com/kai05.html

xxxskellyfish
Local time: 15:24
Native speaker of: Native in EnglishEnglish
PRO pts in category: 8
Grading comment
Thank you for your detailed explanation.

Peer comments on this answer (and responses from the answerer)
agree  sigmalanguage: 普通に読めば「抵触法の原則（は適用しない）」ですね。
1 day17 hrs
  -> コメントありがとうございます！
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Changes made by editors
Feb 13, 2011 - Changes made by xxxskellyfish:
Created KOG entryKudoZ term => KOG term


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