13:33 Mar 28, 2014 |
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Latin to English translations [PRO] Law/Patents - Law (general) | |||||||
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5 +1 | a gap within the law |
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4 | loophole in the law |
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Summary of reference entries provided | |||
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finding |
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Discussion entries: 3 | |
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a gap within the law Explanation: My answer concerns the Latin phrases only, not their use in this legal context. You are correct-- a lacuna is literally a pond, puddle or ditch; figuratively, a gap or lack. lacuna praeter legem literally means "a gap beside/apart from the law". This is the first case I've ever come across where--apparently--the legal use of a Latin phrase is the opposite of its meaning in Latin qua Latin. -------------------------------------------------- Note added at 1 hr (2014-03-28 15:02:55 GMT) -------------------------------------------------- In response to Mr. Drayton's note, it seems to me we are up against the lack of articles in Latin. Two sub-categories of the category "gap within the law": 1) "gap within a (particular) law"; 2) "gap external to a (particular) law". |
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loophole in the law Explanation: Literally 'hole (I.e., defect) within the law'. A metaphorical use, cf. Lewis & Short, s.v. lacuna II. 'Lacuna praeter legem' is an 'exception to the law', i.e., a clause in the law which exempts certain specific categories of persons, things, or actions from some legal liability. |
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9 mins |
Reference: finding Reference information: http://www.cisg.law.pace.edu/cisg/biblio/1ferrari.html However, the peril of diverging applications of the Vienna Sales Convention is not totally cured by the introduction of those provisions because they do not identify a method of interpretation or gap-filling, but only a goal -- the promotion of uniformity.[29] The rule to be applied in cases of gaps, for example, does not identify any helpful criterion to determine in concreto when a gap is considered a lacuna intra legem, i.e., the matter is outside the scope of the Convention, as opposed to a lacuna praeter legem, i.e., the Convention applies to the issue but does not expressly resolve it. This problem is most important in determining the exact sphere of application of the Convention.[30] -------------------------------------------------- Note added at 11 mins (2014-03-28 13:45:18 GMT) -------------------------------------------------- and page 5 here http://books.google.co.uk/books?id=F8CeAgAAQBAJ&pg=PA5&lpg=P... -------------------------------------------------- Note added at 12 mins (2014-03-28 13:46:09 GMT) -------------------------------------------------- ..excluded from the sphere of application of the Convention.... -------------------------------------------------- Note added at 14 mins (2014-03-28 13:47:26 GMT) -------------------------------------------------- I think I would avoid using "gap" and give a brief gist of the meaning as in the quoted texts above |
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