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Explanation: 遡及効(そきゅうこう) = recourse, a legal term
For definition, see below:
ある法律要件が、要件事実の発生以前にさかのぼって効果(効力)をもつこと。法領域では、遡及効を認めることは法的安定性を害するところから、遡及効は原則として認められない。ただ、たとえば法律行為の取消(民法121条)、時効(同法144条)などのように、とくに法律が遡及効を認めた場合は例外である。 http://dic.search.yahoo.co.jp/search?ei=UTF-8&p=遡る
Since you did not provide more detailed context, this is my guess (in plain layman's term).
"The divorce is final; therefore neither party should seek redoing (overturn) of this court decision."
I thought it was fine if the asker found 遡及効の不在 the best translation for "absence of recourse," because she had more information in deciding so whereas we did not. My concern is using 判決確定証明 as a supplementary explanation of 遡及効の不在 is not a good idea as I discussed earlier. Now that this question is closed, it is 確定!! I appreciate Mai's follow-up, anyways. She was right about the legal theory.
I agree with tulip bubble. The word 遡及効 is legalistic, not familiar in usual, so it may seem the answer. But it is a word of legal theory, so it cannot reasonably assumed that the word is the title of a certificate. I think it's non-sense.
I think 判決確定証明 is the most appropriate.
I hate to bring this up, but 遡及効の不存在 and 確定判決(証明) each has a totally different meaning in the legal field. In practice we normally do not declare that a court decision has a status of being 遡及効の不存在, since it is too obvious to do so. I just know this as I attended law school both in Japan and in the United States and worked in the field as well. I hope you have someone to double check with this. I never mean to disturb your final decision, though.
The Japanese phrase you proposed could be one possibility, but yours also deals with sales and liability. You said there is no sale or any financial chapter, but are you sure?
Presence or absence of recourse determines whether a sale is actually a sale for accounting purposes (hence non-taxable) or is a transfer of ownership (hence taxable).
Yasutomo Kanazawa Local time: 04:26 Works in field Native speaker of: Japanese PRO pts in category: 25
Notes to answerer
Asker: But can this term also be used in a report of a divorce?
There is no sale or any financial chapter. 'Certificate of absence of recourse' is the title of a report on a divorce. What does it mean here than?
Explanation: 遡及効(そきゅうこう) = recourse, a legal term
For definition, see below:
ある法律要件が、要件事実の発生以前にさかのぼって効果(効力)をもつこと。法領域では、遡及効を認めることは法的安定性を害するところから、遡及効は原則として認められない。ただ、たとえば法律行為の取消(民法121条)、時効(同法144条)などのように、とくに法律が遡及効を認めた場合は例外である。 http://dic.search.yahoo.co.jp/search?ei=UTF-8&p=遡る
Since you did not provide more detailed context, this is my guess (in plain layman's term).
"The divorce is final; therefore neither party should seek redoing (overturn) of this court decision."
HTH
humbird United States Local time: 12:26 Specializes in field Native speaker of: Japanese, English PRO pts in category: 40
Grading comment
Thank you! I will use this as main title and put 判決確定証明 under between brackets.
Explanation: I wonder which court had the jurisdiction on this case, because your translation of the term could depends on where the case was heard and decided. Also, what kind of things are stated in the certificate?
Without that knowledge, I think it might mean no recourse to some higher power, in other words, no more court review; no appeal; the case is final. Then, in Japanese 判決の確定. The "certificate of absence of recourse" may be 判決確定証明.
tulip bubble Local time: 14:26 Specializes in field Native speaker of: Japanese PRO pts in category: 16
Notes to answerer
Asker: Thank you very much. I will put your answer between brackets under the main title : 遡及効の不在.