en su silencio

English translation: wherever they are silent / absent any applicable stipulations

00:52 Apr 28, 2018
Spanish to English translations [PRO]
Law/Patents - Law: Contract(s) / lease contract
Spanish term or phrase: en su silencio
El presente contrato se regirá por las estipulaciones contenidas en este instrumento y en su silencio por las normas contenidas en la ley 18.101 modificada por la ley 19.866, normas que también se aplicarán en cuanto a los procedimientos judiciales.

I am confused by 'en su silencio' here - 'in its silence'?

The present contract shall be governed by the stipulations contained herein and in its silence by the rules of law 18,101 modified by law 19,866, norms that will also be applied regarding judicial procedures.

Chile: Santiago
Lease contract
Amy Gulvin
New Zealand
Local time: 18:45
English translation:wherever they are silent / absent any applicable stipulations
Explanation:
The idea is that the provisions of Act 18,101 will apply if the stipulations of the contract are insufficient to govern to the situation that has arisen.

Now a lacuna is a gap or an empty space in the law. It was originally a Latin word meaning pit or hole and it was related to the word for lake or lagoon. It entered into usage in English in the middle of the 17th century but at that time it referred to a blank or a missing portion of a manuscript. Now these days it describes a situation where the law is silent, that is, where there are no regulations applicable or where there is an absent part in the law or another written document such as a contract. In other words, it describes an instance where there is no controlling law or contractual provision.
https://www.translegal.com/legal-english-dictionary/lacuna

"This contract shall be governed by the stipulations contained herein and, absent any applicable stipulations, by the rules of Act 18,101 amended by Act 19,866, which legislation shall also apply to legal proceedings."



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Note added at 2 hrs (2018-04-28 02:56:59 GMT)
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Correction: **to govern the situation that has arisen**
Selected response from:

Robert Carter
Mexico
Local time: 01:45
Grading comment
Thanks very much for an excellent source and explanation. Much appreciated!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +4wherever they are silent / absent any applicable stipulations
Robert Carter


Discussion entries: 2





  

Answers


44 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
wherever they are silent / absent any applicable stipulations


Explanation:
The idea is that the provisions of Act 18,101 will apply if the stipulations of the contract are insufficient to govern to the situation that has arisen.

Now a lacuna is a gap or an empty space in the law. It was originally a Latin word meaning pit or hole and it was related to the word for lake or lagoon. It entered into usage in English in the middle of the 17th century but at that time it referred to a blank or a missing portion of a manuscript. Now these days it describes a situation where the law is silent, that is, where there are no regulations applicable or where there is an absent part in the law or another written document such as a contract. In other words, it describes an instance where there is no controlling law or contractual provision.
https://www.translegal.com/legal-english-dictionary/lacuna

"This contract shall be governed by the stipulations contained herein and, absent any applicable stipulations, by the rules of Act 18,101 amended by Act 19,866, which legislation shall also apply to legal proceedings."



--------------------------------------------------
Note added at 2 hrs (2018-04-28 02:56:59 GMT)
--------------------------------------------------

Correction: **to govern the situation that has arisen**

Robert Carter
Mexico
Local time: 01:45
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 378
Grading comment
Thanks very much for an excellent source and explanation. Much appreciated!

Peer comments on this answer (and responses from the answerer)
agree  JH Trads
1 hr
  -> Thanks, JH Trads.

agree  JohnMcDove
1 hr
  -> Thanks, John.

agree  Charles Davis
3 hrs
  -> Thanks, Charles.

agree  AllegroTrans
7 hrs
  -> Thanks, Chris.
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