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regencia supletiva

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 ...

Thanks!
judith ryan
Brazil
Local time: 23:28
English translation:(adopting the) suppletive provisions of the law (to govern)
Explanation:
Penso ser isto. Seria necessário ler toda a frase. Mas penso que aqui a ideia é que pretende adoptar-se as normas supletivas da lei para reger um determinado assunto

reger - govern
supletivas - supletiva (normas supletivas - suppletive provisions)
Selected response from:

Rui Freitas
Portugal
Local time: 03:28
Grading comment
Thanks!
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +1(adopting the) suppletive provisions of the law (to govern)Rui Freitas
5since this legal principle has been adopted as the default rulexxxWm Steinmetz
5supplementary provisionAndrea Munhoz
4the application of Act... to fill in the lacunae (gaps)xxxAdrian MM.


  

Answers


2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
(adopting the) suppletive provisions of the law (to govern)


Explanation:
Penso ser isto. Seria necessário ler toda a frase. Mas penso que aqui a ideia é que pretende adoptar-se as normas supletivas da lei para reger um determinado assunto

reger - govern
supletivas - supletiva (normas supletivas - suppletive provisions)

Rui Freitas
Portugal
Local time: 03:28
Works in field
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 20
Grading comment
Thanks!

Peer comments on this answer (and responses from the answerer)
agree  Donna Sandin: This is the idea, I prefer "supplementary." When "lei de regencia" is mentioned in some context it only means the law governing the case at hand/matter at issue and is used as a way not to repeat the name/number of the law. Term as such is not in my refs
19 hrs
  -> Thank you, Donna. Good point.
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14 hrs   confidence: Answerer confidence 5/5
supplementary provision


Explanation:
Suplementary seria o termo apropriado.

Andrea Munhoz
Brazil
Local time: 23:28
Works in field
Native speaker of: Portuguese
PRO pts in category: 15
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20 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
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.


Example sentence(s):
  • 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. ...

    Reference: http://links.jstor.org/sici?sici=0009-8388(191504)1%3A9%3A2%...
xxxAdrian MM.
Local time: 04:28
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 139

Peer comments on this answer (and responses from the answerer)
neutral  xxxWm Steinmetz: applicability of the law as a gap-filler / not "supplementary" though
15 hrs
  -> Right. That's why I've avoided the word supplementary. Also we need to know what the statute is. It may be a specific i.e. Commercial Code subsidiary to a General Civil Code.
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1 day11 hrs   confidence: Answerer confidence 5/5
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.

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Note added at 1 day11 hrs (2008-04-03 12:08:31 GMT)
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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.

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Note added at 1 day12 hrs (2008-04-03 13:17:11 GMT)
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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: Native in EnglishEnglish
PRO pts in category: 12
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