Portuguese term
culpa de maior censurabilidade
O dolo previsto no artigo 29 n.º 1 da Convenção de Genebra de 1965, a que o Estado Português aderiu, integra um elemento restrito da culpa de maior censurabilidade que visa punir o transportador, retirando o critério limitador do cálculo da indemnização previsto no artigo 23 n.º 2.
Any ideas very much appreciated.
Proposed translations
blameworthier fault; misfeasance
Culpa: fault or blame, but censurável as blameworthy, reprehensible or untoward vs. crass or gross negligence as a mores serious level of fault (misfeasance or malfeasance https://www.law.cornell.edu/wex/malfeasance) or omission (nonfeasance).
The lmited vs. greater blameworthiness / unconscionability contradiction of 'integra um elemento restrito da ..' (Art. 29.1. '..of the provisions of this chapter which exclude or limit his liability..') - unless asked in a separate question - could be rendered as :-
'incorporates a limited factor / aspect of fault to a greater blameworthy degree -> blameworthier (yes, the comparative) fault ...'.... que visa punir o transportador: that is intended to penalis/ze the carrier / freight forwarder..'
Certain qualities and natures innate in some men and apparently *blameworthy* are not so in reality. sefidvash.net Certas qualidades inatas em algumas pessoas, embora pareçam ser *censuráveis*, não o são na realidade.
'What does blameworthy mean in law? blameworthy, blamable, guilty, culpable deserving *reproach* or punishment.'
http://philpapers.org/rec/PLARAB-4
http://www.linguee.com/english-portuguese/translation/blameworthy.html
guilt of greater reprehensibility
force since 1 July 2015, which is founded on the greater guilt of the author for the greater reprehensibility of the motive that drives him.
agree |
Clauwolf
1 hr
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Obrigada, Cláudio!
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neutral |
philgoddard
: No, this is the literal translation but people won't understand it in my opinion. And "guilt" is usually associated with criminal law.
1 hr
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neutral |
Angelo Berbotto
: guilt is a criminal law concept, this is about compensation, civil law.
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narrow element of the liability for greater damage which aims to penalise the carrier
"Article 29
1. The carrier shall not be entitled to avail himself of the provisions of this chapter which exclude or limit his liability or which shift the burden of proof if the damage was caused by his wilful misconduct or by such default on his part as, in accordancewith the law of the court or tribunal seized of the case, is considered as equivalent to wilful misconduct."
see the full document here
https://treaties.un.org/doc/Treaties/1961/07/19610702 01-56 ...
Also, I found the sentence 'culpa de maior censurabilidade' hard to understand when compared with art. 29 that speaks about damage and the conduct of the carrier that caused such damage.
Discussion
The carrier shall not be entitled to avail himself of the provisions of this chapter which exclude or limit his liability or which shift the burden of proof if the damage was caused by his wilful misconduct or by such default on his part as, in accordance with the law of the court or tribunal seized of the case, is considered as equivalent to wilful misconduct.
I'm not sure of the meaning, but what are the "several options" you mention?