GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
---|---|---|---|---|---|---|
|
12:17 May 30, 2009 |
Portuguese to English translations [PRO] Human Resources | |||||||
---|---|---|---|---|---|---|---|
|
| ||||||
| Selected response from: jack_speak Local time: 23:53 | ||||||
Grading comment
|
Summary of reference entries provided | |||
---|---|---|---|
please rewrite without diacritic marks |
|
Discussion entries: 1 | |
---|---|
o motivo justificativo e o previsto na al�a x) the grounds justifying entering into the work agreement and envisaged in section x) Explanation: O motivo justificativo da celebracao do contrato de trabalho e o previsto na alinea x) Mike :) |
| |
Login to enter a peer comment (or grade) |
o motivo justificativo e o previsto na al�a x) the consideration [for the work contract] and the provisions of Article X.Y.Z Explanation: I am going on a bit of a limb here both to test out the idea above and to see if a debate erupts in the discussion area (I hope it does because I am curious to hear other people's thoughts). Anyway, here goes the explanation: Consideration: I don't like a literal translation for motivo justiicativo (MJ) because it would not be cognizable under common law. The texts I have found so far lead me to think that MJ stands for the exchange of value that leads people to celebrate the contract, what justifies it. If that is the case, then the exchange of value that leads to agreement is none other than Consideration in common law. The terms will never map exactly over each other because they are creatures of different traditions (just as Angus and Zebu are both cows but not exactly the same beast). Here is what I think is a good ilustration of how I understand MJ: http://www.portolegal.com/Revogacao.htm Motivo justificativo na celebração do contrato de trabalho a termo 1 - A indicação do motivo justificativo da celebração de contrato de trabalho a termo, em conformidade com o n.º 1 do artigo 41.º e com a alínea e) do n.º 1 do artigo 42.º do regime jurídico da cessação do contrato individual de trabalho e da celebração e caducidade do contrato de trabalho a termo, aprovado pelo Decreto-Lei n.º 64-A/89, de 27 de Fevereiro, só é atendível se mencionar concretamente os factos e circunstâncias que objectivamente integram esse motivo, devendo a sua redacção permitir estabelecer com clareza a relação entre a justificação invocada e o termo estipulado. And here is a convenient description of consideration: http://dictionary.law.com/default2.asp?selected=305&bold=|||| consideration n. 1) payment or money. 2) a vital element in the law of contracts, consideration is a benefit which must be bargained for between the parties, and is the essential reason for a party entering into a contract. Consideration must be of value (at least to the parties), and is exchanged for the performance or promise of performance by the other party (such performance itself is consideration). In a contract, one consideration (thing given) is exchanged for another consideration. Not doing an act (forbearance) can be consideration, such as "I will pay you $1,000 not to build a road next to my fence." Sometimes consideration is "nominal," meaning it is stated for form only, such as "$10 as consideration for conveyance of title," which is used to hide the true amount being paid. Contracts may become unenforceable or rescindable (undone by rescission) for "failure of consideration" when the intended consideration is found to be worth less than expected, is damaged or destroyed, or performance is not made properly (as when the mechanic does not make the car run properly). Acts which are illegal or so immoral that they are against established public policy cannot serve as consideration for enforceable contracts. Examples: prostitution, gambling where outlawed, hiring someone to break a skater's knee or inducing someone to breach an agreement (talk someone into backing out of a promise). Now for the use of article X.Y.Z This is a matter of usage. We can discuss what to call an the various subsections of an article or section of the law until we are blue in the face. An excellent (ancillary discussion is here: http://www.proz.com/translation-articles/articles/243/1/-The... An alternative for Pt-En translations, however, would be to do what a lot of common lawyers do. If I were citing subsection (a) of the text below, I would not go into a long-winded description of section, sub-section and sub-section, but would simply refer to Section 2(a)(1). Here is an example: Connecticut Law Revision Commission - Validating Acts Detailed ... Section 1(a)(1) of the Commission bill specifically addresses errors under this subdivision (subdivision (1). Subdivision (2). Subdivision (2) validates a ... www.cga.ct.gov/lrc/ValidatingActs/CondensedRptSec1.htm - 76k - And here is the section I said I would cite as 2(a)(1), which can be found in full at: http://www.law.uc.edu/CCL/33Act/sec2.html Section 2 -- Definitions; Promotion of Efficiency, Competition, and Capital Formation a. Definitions When used in this title, unless the context otherwise requires-- 1. The term "security" means any note, stock, treasury stock, security future, bond, debenture, evidence of indebtedness, [...] |
| |
Login to enter a peer comment (or grade) |
o motivo justificativo e' o previsto na alinea x) the underlying basis is that provided for in line item x) Explanation: Another way you could express it. |
| |||||||||
Grading comment
| ||||||||||
|
2 mins |
Reference: please rewrite without diacritic marks Reference information: thanks |
| |
Login to enter a peer comment (or grade) |
Login or register (free and only takes a few minutes) to participate in this question.
You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.