English translation: (adopting the) suppletive provisions of the law (to govern)
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00:18 Apr 2, 2008
Portuguese to English translations [PRO] Law/Patents - Law: Contract(s) / regencia supletiva
Portuguese term or phrase:regencia supletiva
am having trouble with the following:
a cedente não responderá com a cessionária ... tendo em vista adotar-se a regencia supletiva da lei ...
the application of Act... to fill in the lacunae (gaps)
Explanation: ... where the contract etc. is silent.
Suppletive, suppletory and supplementary are one aspect.
The gap-filling is another that is not dealt with esp. well in most Romance lingos. For instance, see FHS Bridge's Council of Europe FR/EN glossary entries for supplétif that are all over the place with waivable etc.
9, in so far as they close or fill the lacunae of their original, tend partly to shorten the text, partly to render it unintelligible. ...
tendo em vista adotar-se a regencia supletiva da lei
since this legal principle has been adopted as the default rule
Explanation: This concept is known in English as a "gap-filler" or "default rule" (depending on the context, see Black's). I have also seen the terms "default law" and "fill-in-the-gap rule". It is used when a contract is omissive in some regard.
I would not use the terms "supplementary" or "suppletive" because this literal translation could mislead the reader into thinking that there are legal provisions/rules that add to or supplement existing legal provisions/rules, and this is not the case. The "supletivo" here indicates filling a gap left by the contract itself.
Please also note that this is not a case of specific or subsidiary vs. general provisions of law, as Tom Thumb suggests in the comment above. We are talking about "THE LAW" (in general, with all its provisions, statutes, and caselaw rulings) being used to fill in a gap (purposefully) left by the contract.
By not specifying that the assignor is liable, the contract is defaulting to the legal rule (which is that the assignor is not liable).
xxxWm Steinmetz Brazil Local time: 23:28 Specializes in field Native speaker of: English PRO pts in category: 12