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Glossary entry

Spanish term or phrase:

analogía

English translation:

analogy/equivalence/correlation

Added to glossary by AllegroTrans
Aug 21, 2012 16:42
11 yrs ago
8 viewers *
Spanish term

analogía

Non-PRO Spanish to English Law/Patents Law (general)
“…Los supuestos de hecho relacionados con los ordenamientos jurídicos extranjeros se regularán, por las normas de Derecho Internacional Público sobre la materia, en particular, las establecidas en los tratados internacionales vigentes en Venezuela; en su defecto, se aplicarán las normas de Derecho Internacional Privado venezolano; a falta de ellas, se utilizará la **analogía** y, finalmente, se regirán por los principios de Derecho Internacional Privado generalmente aceptados.

Your suggestions are appreciated!
Proposed translations (English)
4 +4 analogy/equivalence/correlation
3 +3 application of analogy
Change log

Aug 22, 2012 10:44: Yvonne Gallagher changed "Level" from "PRO" to "Non-PRO"

Aug 28, 2012 20:53: AllegroTrans Created KOG entry

Votes to reclassify question as PRO/non-PRO:

Non-PRO (3): philgoddard, Rosa Paredes, Yvonne Gallagher

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Discussion

TechLawDC Aug 21, 2012:
Not analogies from case law. Analogies from legislation, the constitution, and learned commentary, as in other civil law countries. Venezuela is a civil law country.
---
]
Venezuela I. Summary
www.usig.org/countryinfo/PDF/Venezuela.pdf
File Format: PDF/Adobe Acrobat - Quick View
by BT Laws - Cited by 3 - Related articles
VI. Knowledgeable Contacts. I. Summary. A. Types of Organizations. Venezuela is a civil law country with two traditional forms of nongovernmental, not-for-profit ...
AllegroTrans Aug 21, 2012:
From case law? Perhaps, but personally I would avoid the risk of this being not the intended meaning. "Analogies" seems to be a catch-all phrase - also your quoted piece from Wiki seems to be the reverse - i.e. coomon law systems using analogies, whereas I assume your piece for translation relates to a code law jurisdiction. Code law jurisdictions tend to be hostile to precedent save in very restricted circumstances.
Richard Hill (asker) Aug 21, 2012:
Analogies from case law? Analogies from precedent case law
By contrast, in common law systems, where precedent cases are the primary source of law, analogies to codes and statutes are rare (since those are not seen as a coherent system, but as incursions into the common law). Analogies are thus usually drawn from precedent cases: The judge finds that the facts of another case are similar to the one at hand to an extent that the analogous application of the rule established in the previous case is justified. http://en.wikipedia.org/wiki/Analogy#Law

Proposed translations

+4
12 mins
Selected

analogy/equivalence/correlation

all depends on on whether you use this as a noun or an adjective
"Equivalent law" would also work

--------------------------------------------------
Note added at 34 mins (2012-08-21 17:16:32 GMT)
--------------------------------------------------

or "analogous law/principles" maybe
Peer comment(s):
agree MPGS : :)
2 mins
thanks!
agree philgoddard : You were first!
19 mins
thanks!
agree MedPharm
24 mins
thanks!
agree Yvonne Gallagher
17 hrs
thanks!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "As Phil said, "you were first". Thanks all!"
+3
12 mins

application of analogy

international treaties valid in Venezuela, and in their absence the rules of Venezuelan Private International Law, in their absence application of analogy [(taking into account Venezuelan Private International Law)], and finally generally accepted principles of private international law.

--------------------------------------------------
Note added at 15 mins (2012-08-21 16:58:04 GMT)
--------------------------------------------------

Developments in Austrian and Israeli Private Law - Page 294 - Google Books Result
books.google.com/books?isbn=3211833897
Herbert Hausmaninger - 1999 - Business & Economics - 303 pages
The application of analogy, well known in Civil law systems, logically limits the
need to refer to the theory of lacunae in the law as a means of resolving juridical ...
Peer comment(s):
agree MPGS : :)
2 mins
agree Taña Dalglish : Another link which helps to explain: www.ftaa-alca.org/busfac/comarb/Venezuela/quesven_e.asp (...in the absence of the latter, the former are applied by analogy, and lastly, the generally accepted principles of private international law).
5 mins
agree Beatriz Zorron-Minhondo
1 hr
Something went wrong...
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