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un consentement qui se fixerait seule sa règle

English translation: a consent in accordance with its own rules

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:un consentement qui se fixerait seule sa règle
English translation:a consent in accordance with its own rules
Entered by: Wendy Cummings
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09:40 Aug 26, 2008
French to English translations [PRO]
Law/Patents - Law: Contract(s)
French term or phrase: un consentement qui se fixerait seule sa règle
Talking about external arbitration clauses, the ideas of consensualism and formalism, and where the legal force of statements, documents, consent arises from:

En ce sens, on peut parler de prééminence du consensualisme, mais, naturellement, sans attacher à ce vocable la signification d'un consentement qui se fixerait seule sa règle et qui fonderait seul la force d'obligation contractuelle.

Is this simply "that sets its own rules", but how can consent (legal will) do so?

Thanks!
Wendy Cummings
United Kingdom
Local time: 21:01
a consent in accordance with its own rules
Explanation:
IMO it means that although basically two parties may agree on anything based on any rule, this particular consent still has to remain within the provision of the initial contract... They may agree on clarifications of the terms, rule for issues that were not included but not change the contract terms when they are obvious.
Selected response from:

BusterK
Local time: 22:01
Grading comment
The meaning remains fuzzy, but this seems as close as i can get with it. Thanks.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4a consent that gives rise to its own set of rules
Narasimhan Raghavan
3a consent in accordance with its own rulesBusterK


Discussion entries: 1





  

Answers


9 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
a consent that gives rise to its own set of rules


Explanation:
hope this helps

Narasimhan Raghavan
Local time: 01:31
Native speaker of: Tamil
PRO pts in category: 16
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14 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
a consent in accordance with its own rules


Explanation:
IMO it means that although basically two parties may agree on anything based on any rule, this particular consent still has to remain within the provision of the initial contract... They may agree on clarifications of the terms, rule for issues that were not included but not change the contract terms when they are obvious.

BusterK
Local time: 22:01
Native speaker of: Native in FrenchFrench
PRO pts in category: 62
Grading comment
The meaning remains fuzzy, but this seems as close as i can get with it. Thanks.
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