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percepción acusada respecto de la desicida docente
las cuentas o consumos domiciliarios
Apr 28, 2018 00:52
6 yrs ago
12 viewers *
Spanish term

en su silencio

Spanish to English Law/Patents Law: Contract(s) lease contract
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
Proposed translations (English)
4 +4 wherever they are silent / absent any applicable stipulations

Discussion

Robert Carter Apr 28, 2018:
Yes, Charles, quite right. I did a quick cut and past of Amy's proposed translation so that I could edit it for my translation, but though I changed "norms" to "legislation", I overlooked "rules". I would have just omitted it entirely, but "the provisions of" is absolutely right.
Charles Davis Apr 28, 2018:
Suggestions For "las normas contenidas en", it might sound better if you say "the provisions of" rather than "the rules of". "Rule" is not always the most suitable translation of "norma". (Of course "the rule of law", in a different sense of "rule", is an expression in itself, corresponding more or less to "el estado de derecho".) And for "modificada por la ley", it's more usual to say "as amended by" rather than "modified by".

Proposed translations

+4
44 mins
Selected

wherever they are silent / absent any applicable stipulations

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**
Peer comment(s):
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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4 KudoZ points awarded for this answer. Comment: "Thanks very much for an excellent source and explanation. Much appreciated!"
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