Glossary entry (derived from question below)
Spanish term or phrase:
único cuerpo normativo
English translation:
single normative framework
Added to glossary by
Nicholas Boline
Nov 26, 2023 14:31
9 mos ago
41 viewers *
Spanish term
único cuerpo normativo
Spanish to English
Law/Patents
Law: Contract(s)
Hello all,
I'm translating a partnership agreement between a Spanish university and a religious order pertaining to the establishment of a new masters program in religious studies. I encountered the phrase "único cuerpo normativo" in the clause below and I'm unclear if there is a precise English equivalent. I understand it to mean that the agreement and annexes mentioned in the text form the legal basis for the cooperation of the parties.
The original: "El conjunto de los derechos y obligaciones de las partes quedan explicitados en este convenio y en su Anexo 1 (Memoria Académica) y Anexo 11 (Memoria Económica), que en su conjunto forman un único cuerpo normativo entre las partes."
Could I translate is as sole governing body? Sole legal framework? Unique legal basis?
"All of the rights and obligations of the parties are made explicit in this agreement and
in Annex 1 (Academic Report) and Annex 11 (Economic Report), which together form a
[?sole governing body?] between the parties."
Thank you in advance!
Nick
I'm translating a partnership agreement between a Spanish university and a religious order pertaining to the establishment of a new masters program in religious studies. I encountered the phrase "único cuerpo normativo" in the clause below and I'm unclear if there is a precise English equivalent. I understand it to mean that the agreement and annexes mentioned in the text form the legal basis for the cooperation of the parties.
The original: "El conjunto de los derechos y obligaciones de las partes quedan explicitados en este convenio y en su Anexo 1 (Memoria Académica) y Anexo 11 (Memoria Económica), que en su conjunto forman un único cuerpo normativo entre las partes."
Could I translate is as sole governing body? Sole legal framework? Unique legal basis?
"All of the rights and obligations of the parties are made explicit in this agreement and
in Annex 1 (Academic Report) and Annex 11 (Economic Report), which together form a
[?sole governing body?] between the parties."
Thank you in advance!
Nick
Proposed translations
(English)
Proposed translations
+3
6 hrs
Selected
single normative framework
If the ST says normativo is doesn't mean 'legal', 'regulatory', etc. It means 'normative'.
El conjunto de los derechos y obligaciones de las partes quedan explicitados en este convenio y en su Anexo 1 (Memoria Académica) y Anexo 11 (Memoria Económica), que en su conjunto forman un único cuerpo normativo entre las partes.
-->
All the rights and obligations of the parties are set out in this agreement*, while Annex 1 (Academic Report) and Annex 11 (Economic Report), together form the normative framework between the parties**.
* The 'rights and obligations' are set out in the body of the agreement (which has force of law between the parties, and thus constitutes the 'legal framework'), but this 'goes without saying' amongst contract lawyers.
** The 'normative framework' is contained in Annexes 1 and 11, which, taken together, set out non-legally binding best practices and principles and 'ancillary rules' that are to be applied by the parties in the implementation of the legal framework.
IOW, the agreement in the ST has two frameworks: a legal framework and a normative framework. This important distinction is made here, for example
https://www.iom.int/jahia/webdav/site/myjahiasite/shared/sha...
The legal and normative framework on international migration includes binding international law as well as non-legally binding best practices and principles.
A g-search for 'normative framework vs legal framework' will offer numerous other examples where this distinction is made between legal/normative, in similar contexts.
El conjunto de los derechos y obligaciones de las partes quedan explicitados en este convenio y en su Anexo 1 (Memoria Académica) y Anexo 11 (Memoria Económica), que en su conjunto forman un único cuerpo normativo entre las partes.
-->
All the rights and obligations of the parties are set out in this agreement*, while Annex 1 (Academic Report) and Annex 11 (Economic Report), together form the normative framework between the parties**.
* The 'rights and obligations' are set out in the body of the agreement (which has force of law between the parties, and thus constitutes the 'legal framework'), but this 'goes without saying' amongst contract lawyers.
** The 'normative framework' is contained in Annexes 1 and 11, which, taken together, set out non-legally binding best practices and principles and 'ancillary rules' that are to be applied by the parties in the implementation of the legal framework.
IOW, the agreement in the ST has two frameworks: a legal framework and a normative framework. This important distinction is made here, for example
https://www.iom.int/jahia/webdav/site/myjahiasite/shared/sha...
The legal and normative framework on international migration includes binding international law as well as non-legally binding best practices and principles.
A g-search for 'normative framework vs legal framework' will offer numerous other examples where this distinction is made between legal/normative, in similar contexts.
4 KudoZ points awarded for this answer.
Comment: "Thank you very much!"
50 mins
sole legally binding framework
sole legally binding framework
Multilateral Mutual Assistance and Cooperation Framework ...
https://www.ftc.gov › multilateralcompetitionmou
6.2. This Framework is not intended to be legally binding and does not give rise to legal rights or obligations under domestic or international law.
Multilateral Mutual Assistance and Cooperation Framework ...
https://www.ftc.gov › multilateralcompetitionmou
6.2. This Framework is not intended to be legally binding and does not give rise to legal rights or obligations under domestic or international law.
Peer comment(s):
disagree |
Susana Gonzalez
: You can not use "legally" in the translation. The original has no reference to "legal", so using this term in the translation is pushing too far. It sufices to say "sole binding framework", for instance. Thank you!
1 hr
|
agree |
philgoddard
: Yes, the agreement and its appendices are obviously a legal document. You can't ignore 'normativo'.
2 hrs
|
neutral |
liz askew
: not sure where you get "legally binding" from in relation to the source?
3 hrs
|
neutral |
Toni Castano
: I understand that contractual obligations are usually "binding" to the parties, true, but the source does not say this explicitly, so careful!
6 hrs
|
neutral |
Jennifer Levey
: Wrong meaning of único, and normativo doesn't mean 'legally binding'.
6 hrs
|
+3
1 hr
single regulatory framework
Definitely not a governing body, since this is referring to documents
This is saying that the agreement (which I would not refer to as a partnership in law) is governed by these two documents which apply together - as a single regulatory entity
EUR-Lex - 32002L0021 - EN - European Union
EUR-Lex
https://eur-lex.europa.eu › LexUriServ › LexUriServ
... single regulatory framework. That regulatory framework consists of this Directive and four specific Directives: Directive 2002/20/EC of the European ...
This is saying that the agreement (which I would not refer to as a partnership in law) is governed by these two documents which apply together - as a single regulatory entity
EUR-Lex - 32002L0021 - EN - European Union
EUR-Lex
https://eur-lex.europa.eu › LexUriServ › LexUriServ
... single regulatory framework. That regulatory framework consists of this Directive and four specific Directives: Directive 2002/20/EC of the European ...
Peer comment(s):
disagree |
Susana Gonzalez
: "Regulatory" is a term with a very specific meaning, globally. Not really applicable in this case. You may change this to "will be the only set of governing rules", for instance. Thank you!
1 hr
|
Documents governing an agreement are "regulatory", it's fairly obvious: I can't agree with your objection. Look at my ref and Phil's ref
|
|
agree |
philgoddard
: Regulatory is perfectly OK. https://www.dictionary.com/browse/regulatory#google_vignette
It's often a bad idea to disagree with answers when you're not a native speaker of the target language.
1 hr
|
Thanks Phil
|
|
agree |
neilmac
2 hrs
|
thank you
|
|
agree |
Jennifer Levey
: Yes, it's 'single', not andres-larsen's 'sole' in this context. i.e., the agreement and two annexes are interpreted as an indivisible whole. 'sole' would imply that all other laws and regulations would be over-ridden, which is extremely unlikely.
3 hrs
|
Thank you, yes "indivisble whole" is the meaning
|
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neutral |
Toni Castano
: I would be cautious with "regulatory": https://ell.stackexchange.com/questions/111963/are-normative...
5 hrs
|
well the EU is content to use the expression in this way
|
|
agree |
Michael D. Sherokee
: Agree with this translation. 'Sole legal framework" or "Singular Regulatory Framework" would also fit depending on client preferences.
1 day 5 hrs
|
thank you
|
+1
3 hrs
single regulatory body/single regulator
https://www.jstor.org/stable/4411691
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Note added at 3 час (2023-11-26 18:29:44 GMT)
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https://www.google.com/search?client=firefox-b-d&q=single re...
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Note added at 3 час (2023-11-26 18:29:44 GMT)
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https://www.google.com/search?client=firefox-b-d&q=single re...
Peer comment(s):
neutral |
Toni Castano
: I would be cautious with "regulatory": https://ell.stackexchange.com/questions/111963/are-normative...
3 hrs
|
neutral |
AllegroTrans
: "Body" and "Regulator" imply a regulatory body (such as Ofsted etc etc. ) rather than documents
16 hrs
|
agree |
Alejandro M.
7 days
|
7 hrs
the one and only law of the parties
Note: 1 la loi des parties in French ('pacta sunt servanda') and 2. the 'law of the parties' lecture delivered - 40 years ago at an ITI /UK Institute of Translation & Interpreting Conference - by a Queen Mary College, London Uni. IP / Intellectual Property & Contract Law Professor referring - surprisingly - to the French concept of 'law of the partes', namely a contract made in the UK forms a part and 'niche', however small a corner, of domestic contract law.
Alas, West's, Butterworths & Alcaraz & Hughes glossary draws a blank on this (vexed) expression.
Obiter, I have qualms about a partnership agreement, however hallowed and sacred, amounting to a 'regulatory framework'.
Alas, West's, Butterworths & Alcaraz & Hughes glossary draws a blank on this (vexed) expression.
Obiter, I have qualms about a partnership agreement, however hallowed and sacred, amounting to a 'regulatory framework'.
Example sentence:
A contract is to be interpreted according to the common intention of the parties even if this differs from the literal meaning of the words.
Reference:
Peer comment(s):
neutral |
AllegroTrans
: Your explanation is denied and repudiated as if retranscribed verbatim hereunder and traversed seriatim.
3 days 16 hrs
|
+1
22 hrs
constitute etc
it's a bit like an entire agreement clause but focused what makes up the agreement rather than the exclusion of other terms. In English law terms it is a redundancy because the contract documents just are a single body of private law, that is what a contract is
Example sentence:
which together constitute the agreement between the parties
Peer comment(s):
neutral |
AllegroTrans
: Redundant or not, it needs to be translated and whilst "...which together constitute the agreement between the parties" expresses the idea, it strays somewhat from the ST
3 hrs
|
agree |
philgoddard
5 hrs
|
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