notwithstanding any applicable law or regulation

English translation: in spite of the possible existence of ...

07:17 Apr 28, 2011
English language (monolingual) [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: notwithstanding any applicable law or regulation
This is part of a provision whereby the Lender may demand the Guarantor to pay the outstanding amounts that the Borrower has failed to pay.
Full sentence:
Except for such written demand, no other documents or any other action shall be required under this Guarantee notwithstanding any applicable law or regulation.

I think it actually says that even if an applicable law or regulation required some other documents or actions, these will not be required. Am I right?

My intuition tells me that the intended meaning was different:
Except for such written demand, no other documents or any other action shall be required under this Guarantee unless required by any applicable law or regulation.
Slawomir Nowodworski
Poland
Selected answer:in spite of the possible existence of ...
Explanation:
Yes, your interpretation is correct. "Notwithstanding" means that the condition X holds in spite of the existence or possible existence of condition Y.
Selected response from:

B D Finch
France
Local time: 03:13
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +3in spite of the possible existence of ...
B D Finch
5disregarding any requirements or restrictions as provided by law
Charlesp


Discussion entries: 4





  

Answers


23 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
in spite of the possible existence of ...


Explanation:
Yes, your interpretation is correct. "Notwithstanding" means that the condition X holds in spite of the existence or possible existence of condition Y.

B D Finch
France
Local time: 03:13
Meets criteria
Specializes in field
Native speaker of: English
PRO pts in category: 28
Grading comment
Selected automatically based on peer agreement.
Notes to answerer
Asker: Thanks for your help!


Peer comments on this answer (and responses from the answerer)
agree  ohemulen
0 min
  -> Thanks Kristina

agree  Veronika McLaren
4 hrs
  -> Thanks Veronika

agree  Charlesp
7 hrs
  -> Thanks Charles

neutral  Stephanie Ezrol: That is the dictionary definition, but I strongly think that the word is being used incorrectly
14 hrs
  -> Thanks Stephanie. I certainly agree that the use is legally dodgy. However, there is a difference between explaining what is written and agreeing that it is ethical. I would think it is more likely to be deliberately unethical than a simple mistake.
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8 hrs   confidence: Answerer confidence 5/5
disregarding any requirements or restrictions as provided by law


Explanation:
This is an attempt to contract out of statutorily required rules.

If this is legal, ie meaning legally enforceable, depends.


Charlesp
Sweden
Local time: 03:13
Meets criteria
Specializes in field
Native speaker of: English
PRO pts in category: 11
Notes to answerer
Asker: Thanks for your contribution!

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