التنصل

English translation: Deny liability

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Arabic term or phrase:التنصل
English translation:Deny liability
Entered by: ِAdel Almergawy

18:18 May 10, 2020
Arabic to English translations [PRO]
Law/Patents - Law: Contract(s)
Arabic term or phrase: التنصل
لايجوز التنصل من الاحكام المقررة سواء كانت من داخل المحكمة او الجلسات العرفية
ِAdel Almergawy
Egypt
Deny liability
Explanation:
https://www.lawinsider.com/clause/denial-of-liability
Selected response from:

ABDESSAMAD BINAOUI
Morocco
Local time: 12:43
Grading comment
thanks
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +2Deny liability
ABDESSAMAD BINAOUI
5evasion
Fuad Yahya


Discussion entries: 6





  

Answers


3 mins   confidence: Answerer confidence 5/5 peer agreement (net): +2
Deny liability


Explanation:
https://www.lawinsider.com/clause/denial-of-liability

ABDESSAMAD BINAOUI
Morocco
Local time: 12:43
Works in field
Native speaker of: Native in EnglishEnglish, Native in ArabicArabic
PRO pts in category: 8
Grading comment
thanks

Peer comments on this answer (and responses from the answerer)
agree  Youssef ProTranslator
3 hrs
  -> Thank you

agree  Abdullah Ahmad
5 hrs
  -> Thank you
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8 mins   confidence: Answerer confidence 5/5
evasion


Explanation:
The verb is "to evade," which may work better in your sentence, depending on your phrasing.

To evade: to avoid by cleverness or trickery: to elude, to dodge, to circumvent.

Evasion is the term used when someone tries avoid facing up to responsibility. Example: tax evasion.

https://www.merriam-webster.com/dictionary/evade

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Note added at 3 hrs (2020-05-10 21:59:17 GMT)
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Additional clarification regarding the term in question (in its context):

Let us first begin with the context:

التنصل من الاحكام المقررة سواء كانت من داخل المحكمة او الجلسات العرفية

Clearly, this is not about a contract or agreement. This is about decisions made in court or quasi-judicial hearings. The English term you are looking for must be congruent with its object: court judgments or decisions or similar obligations.

Second, let us look at the definition of the Arabic term التنصل:

التنصل هو التملص من أمر لزم على المرء، سواء كان حكماً قضائياً أو مسؤولية أخلاقية أو ديناً مالياً أو غير ذلك، وسُميّ بالتنصل تشـبيهاً له من انسلال نصل السـيف من غمده، ولذلك نترجمه بكلمة تفيد معنى التملص، أي تفادي المسؤولية تفادياً خفياً يتعذر كشفه

I hope this definition of التنصل is clear, because everything that follows depends on it. As we both now, various English words can be used to describe the concept of التنصل: evade, dodge, and circumvent come to mind. They are very close synonyms, with very subtle differences in usage.

Dodging is borrowed from sports. A boxer, for example, moves his head this way or that way to avoid being hit. That is called dodging. In law, it is often used when a divorced person avoids payment of alimony or child care. Here are two examples:

"In some cases, a parent may purposefully choose unemployment in order to attempt to dodge a child support obligation. The courts do not take kindly to this behavior, and will order child support based on imputed income."

https://www.mckinleyirvin.com/family-law-blog/2017/march/do-...

"In the case of a spouse who is earning significantly less than he or she is capable of earning in a clear effort to dodge spousal support obligations, the court may impute income to that spouse."

https://www.18884mydivorce.com/florida-alimony-law/getting-a...

Evasion is the term used when the action is being named as a crime. Here are a few examples. The first is about evading a civil judgment:

"Is it criminal to take evasive actions to avoid paying a civil judgment?"

https://law.stackexchange.com/questions/24373/is-it-criminal...

And this example is about debt evasion:

"Debt evasion is the intentional act of trying to avoid attempts by creditors to collect or pursue one's debt."

https://en.wikipedia.org/wiki/Debt_evasion

And here is an example showing the use of "tax evasion":

"Tax evasion is using illegal means to avoid paying taxes. Typically, tax evasion schemes involve an individual or corporation misrepresenting their income to the Internal Revenue Service. Misrepresentation may take the form either of under-reporting income, inflating deductions, or hiding money and its interest altogether in offshore accounts."

https://www.law.cornell.edu/wex/tax_evasion

As you can see, "evasion" (or the verb "to evade") is the technical term used when the evasive action is illegal by definition.

"To circumvent," on the other hand, is used to describe the same type of action, but the word does not in itself name the crime. Here are a few examples:

"Court Strikes Down a Trump Administration Rule Designed to Circumvent the Affordable Care Act"

https://www.commonwealthfund.org/blog/2019/court-strikes-dow...

"Fourth Department Rejects Telecommunications Companies' Efforts to Circumvent Court of Appeals Ruling on Taxability of Telecommunications Infrastructure and Fiber Optic Cables."

https://www.jdsupra.com/legalnews/fourth-department-rejects-...

"Trump administration tries to circumvent Supreme Court travel ban ruling"

https://www.washingtonpost.com/news/volokh-conspiracy/wp/201...

In your context, I am more inclined to use "circumvent." The reason is that your context does not name a crime. It simply states the inadmissibility of evasive action to circumvent court rulings. I would not, however, find any fault in using "evade." I would probably not use "dodge."

Remember, Adel, that this is all based on the fragment of context that you have given us. I don't have anything else to go on.

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Note added at 13 hrs (2020-05-11 07:31:57 GMT) Post-grading
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In short, this is how I would translate the sentence:

"لايجوز التنصل من الاحكام المقررة سواء كانت من . . . الخ"

"It is unlawful to circumvent the rulings issued by either . . . etc."

Fuad Yahya
Works in field
Native speaker of: Native in ArabicArabic, Native in EnglishEnglish
PRO pts in category: 126
Notes to answerer
Asker: @mr fuad We owe much to your skill and experience. Discussion results in a river of information

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