regencia supletiva
English translation: (adopting the) suppletive provisions of the law (to govern)
| 00:18 Apr 2, 2008 |
| Portuguese to English translations [PRO] Law/Patents - Law: Contract(s) / regencia supletiva | |||||||
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|  Selected response from: Rui Freitas Portugal Local time: 12:45 | ||||||
Grading comment
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| 5 +1 | (adopting the) suppletive provisions of the law (to govern) |
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| 5 | supplementary provision |
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| 5 | since this legal principle has been adopted as the default rule |
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| 4 | the application of Act... to fill in the lacunae (gaps) |
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Answers
2 hrs confidence: 
peer agreement (net): +1
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) |
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Grading comment
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14 hrs confidence:
supplementary provision Explanation: Suplementary seria o termo apropriado. |
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20 hrs confidence: 
| 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):
Reference: http://links.jstor.org/sici?sici=0009-8388(191504)1%3A9%3A2%... |
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1 day 11 hrs confidence:
| 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. -------------------------------------------------- Note added at 1 day11 hrs (2008-04-03 12:08:31 GMT) -------------------------------------------------- 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. -------------------------------------------------- Note added at 1 day12 hrs (2008-04-03 13:17:11 GMT) -------------------------------------------------- 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). |
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