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clausola vessatoria

English translation: oppressive clause

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Italian term or phrase:clausola vessatoria
English translation:oppressive clause
Entered by: claudiocambon
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01:19 Nov 19, 2008
Italian to English translations [PRO]
Bus/Financial - Insurance
Italian term or phrase: clausola vessatoria
This is in a discussion of Civil Code relating to insurer and insured having the same defense. This is the context:

La clausola in questione, che e una condizione generale del contratto, non e CLAUSOLA VESSATORIA ai sensi dell art. 1341 secondo comma del codice civile, perche non limita i diritti di difesa dell'assicurato, ma consente alle parti contraenti di assumere il rischio unitario della lite, pur facendo valere tute le ragioni sostanziali e processuali interenti alla propria posizione.

There is a ProZ translation into French of 'accord restrictif,' which prompts me to ask whether 'restrictive clause' works, although to my ear that starts to sound like a non-competition clause in a labor contract. Does anyone know what the term in English would be?

As always, thanks!
claudiocambon
United States
Local time: 11:49
oppressive clause
Explanation:
This is a burdensome, inequitable, vexatious clause in a contract, usually so much so that it can be stricken. It is "restrictive" in a sense, because it restricts the rights and defenses of the party subject to it, but I don't think "restrictive clause" would adequately convey the meaning in English.
Selected response from:

Sylvia Gilbertson
United States
Local time: 13:49
Grading comment
Thank you to all, because, although I used this suggestion, I think many of the others offered could apply.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5unconscionable clause
rossella mainardis
4onerous clause,dariodipi
4oppressive clause
Sylvia Gilbertson


  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
oppressive clause


Explanation:
This is a burdensome, inequitable, vexatious clause in a contract, usually so much so that it can be stricken. It is "restrictive" in a sense, because it restricts the rights and defenses of the party subject to it, but I don't think "restrictive clause" would adequately convey the meaning in English.

Sylvia Gilbertson
United States
Local time: 13:49
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 10
Grading comment
Thank you to all, because, although I used this suggestion, I think many of the others offered could apply.
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5 hrs   confidence: Answerer confidence 5/5
unconscionable clause


Explanation:
..


    Reference: http://www.lexinter.net/JF/unconscionable_clauses.htm
rossella mainardis
Italy
Local time: 20:49
Native speaker of: Native in EnglishEnglish, Native in ItalianItalian
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17 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
onerous clause,


Explanation:
or, burdensome clause, oppressive, unfair.
They are clauses which, if included in an open contract have to be specifically approved else they are deemed null and void.

dariodipi
Italy
Local time: 20:49
Native speaker of: Native in EnglishEnglish
PRO pts in category: 3
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