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dispositives Recht

English translation: non-mandatory provisions of the law

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:dispositives Recht
English translation:non-mandatory provisions of the law
Entered by: Beate Lutzebaeck
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08:28 Jul 18, 2002
German to English translations [PRO]
Law/Patents - Law (general)
German term or phrase: dispositives Recht
... vom dispositiven Recht abweichende Pflicht...

Is there any better term than "dispositive law" as it sounds very non-standard to me (although I know it gets quite a few hits on google).


(dispositives Recht is law which can be "opted out" of by e.g. parties to a contract - it applies in the absence of conflicting contractual provisions)
berelin
Local time: 23:49
non-mandatory provisions of the law
Explanation:
This is what Dietl/Lorenz, Legal dico offers (apart from dispostive law):
optional law (which may be altered by agreement of the parties)

...and here's Romain, 4th edition, 2002:
Dispositivnormen = non-mandatory provisions of the law; optional rules

I'd go with non-mandatory, as this is how we describe this very concept in legal circles "down under".

Btw: I've never heard the term "dispositve law" being used ...
Selected response from:

Beate Lutzebaeck
New Zealand
Local time: 09:49
Grading comment
Thanks, non-mandatory is fine for my purposes. However my dietl/lorenz just says "optional law (which may be altered by the parties)". Is the new edition finally out?
4 KudoZ points were awarded for this answer

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Summary of answers provided
5non-mandatory provisions of the lawBeate Lutzebaeck
5optional lawChristian Hollenberg, MBA (Univ. of Wales)
4ius dispositivum / voluntary law under civil law
Brainstorm


  

Answers


7 mins   confidence: Answerer confidence 5/5
non-mandatory provisions of the law


Explanation:
This is what Dietl/Lorenz, Legal dico offers (apart from dispostive law):
optional law (which may be altered by agreement of the parties)

...and here's Romain, 4th edition, 2002:
Dispositivnormen = non-mandatory provisions of the law; optional rules

I'd go with non-mandatory, as this is how we describe this very concept in legal circles "down under".

Btw: I've never heard the term "dispositve law" being used ...


    Given above
Beate Lutzebaeck
New Zealand
Local time: 09:49
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 227
Grading comment
Thanks, non-mandatory is fine for my purposes. However my dietl/lorenz just says "optional law (which may be altered by the parties)". Is the new edition finally out?
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7 mins   confidence: Answerer confidence 5/5
optional law


Explanation:
alternative to "dispositive law", see "Dietl's Dictionary of Legal, .....Terms";

Christian Hollenberg, MBA (Univ. of Wales)
Germany
Local time: 23:49
Specializes in field
Native speaker of: Native in GermanGerman
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3343 days   confidence: Answerer confidence 4/5Answerer confidence 4/5
ius dispositivum / voluntary law under civil law


Explanation:
We first thought of "voluntary law", but this appears to stem from the Latin "ius voluntarium" which is referred to as "voluntary law of nations", i.e. under international law. That would be for purists, since http://eprints.kingston.ac.uk/18016/, for instance, actually does use "voluntary law" for exactly this context (Youngs also uses "dispositive law", also used by Prof. Goode from Oxford University at http://ec.europa.eu/consumers/cons_int/safe_shop/fair_bus_pr...
Taking the Latin term to find an English equivalent, however, appeared to be a good strategy. So ahead we went and found out that the Latin term for "dispositives Recht" - which by the way is synonymous to "abdingbares Recht" acc. to Wikipedia and the opposite of "ius cogens" or "zwingendes Recht" (i.e. compelling law) - is "ius dispositivum". So we would suggest either "ius dispositivum" and "voluntary law" along with the qualifier "under civil law".


    Reference: http://eprints.kingston.ac.uk/18016/
    Reference: http://ec.europa.eu/consumers/cons_int/safe_shop/fair_bus_pr...
Brainstorm
Austria
Local time: 23:49
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in category: 12
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Changes made by editors
May 14, 2007 - Changes made by Steffen Walter:
Field (specific)(none) » Law (general)


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