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Volumen Ordinario

Glossary entry

Spanish term or phrase:

único cuerpo normativo

English translation:

single normative framework

Added to glossary by Nicholas Boline
Nov 26, 2023 14:31
5 mos ago
40 viewers *
Spanish term

único cuerpo normativo

Spanish to English Law/Patents Law: Contract(s)
Hello all,

I'm translating a partnership agreement between a Spanish university and a religious order pertaining to the establishment of a new masters program in religious studies. I encountered the phrase "único cuerpo normativo" in the clause below and I'm unclear if there is a precise English equivalent. I understand it to mean that the agreement and annexes mentioned in the text form the legal basis for the cooperation of the parties.

The original: "El conjunto de los derechos y obligaciones de las partes quedan explicitados en este convenio y en su Anexo 1 (Memoria Académica) y Anexo 11 (Memoria Económica), que en su conjunto forman un único cuerpo normativo entre las partes."

Could I translate is as sole governing body? Sole legal framework? Unique legal basis?

"All of the rights and obligations of the parties are made explicit in this agreement and
in Annex 1 (Academic Report) and Annex 11 (Economic Report), which together form a
[?sole governing body?] between the parties."

Thank you in advance!

Nick
Proposed translations (English)
4 +3 single normative framework
4 +3 single regulatory framework
4 +1 single regulatory body/single regulator
3 +1 constitute etc
3 the one and only law of the parties
1 sole legally binding framework

Proposed translations

+3
6 hrs
Selected

single normative framework

If the ST says normativo is doesn't mean 'legal', 'regulatory', etc. It means 'normative'.

El conjunto de los derechos y obligaciones de las partes quedan explicitados en este convenio y en su Anexo 1 (Memoria Académica) y Anexo 11 (Memoria Económica), que en su conjunto forman un único cuerpo normativo entre las partes.
-->
All the rights and obligations of the parties are set out in this agreement*, while Annex 1 (Academic Report) and Annex 11 (Economic Report), together form the normative framework between the parties**.

* The 'rights and obligations' are set out in the body of the agreement (which has force of law between the parties, and thus constitutes the 'legal framework'), but this 'goes without saying' amongst contract lawyers.

** The 'normative framework' is contained in Annexes 1 and 11, which, taken together, set out non-legally binding best practices and principles and 'ancillary rules' that are to be applied by the parties in the implementation of the legal framework.

IOW, the agreement in the ST has two frameworks: a legal framework and a normative framework. This important distinction is made here, for example
https://www.iom.int/jahia/webdav/site/myjahiasite/shared/sha...
The legal and normative framework on international migration includes binding international law as well as non-legally binding best practices and principles.

A g-search for 'normative framework vs legal framework' will offer numerous other examples where this distinction is made between legal/normative, in similar contexts.
Peer comment(s):
agree Toni Castano : Some will think that we are splitting hairs by distinguishing "normative" from "regulatory", but both terms do not always mean the same: https://ell.stackexchange.com/questions/111963/are-normative...
46 mins
agree AllegroTrans
14 hrs
agree neilmac : Your explanation and Toni's link convinced me, but I still like "regulatory" as well :-)
22 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you very much!"
50 mins

sole legally binding framework

sole legally binding framework

Multilateral Mutual Assistance and Cooperation Framework ...
https://www.ftc.gov › multilateralcompetitionmou
6.2. This Framework is not intended to be legally binding and does not give rise to legal rights or obligations under domestic or international law.
Peer comment(s):
disagree Susana Gonzalez : You can not use "legally" in the translation. The original has no reference to "legal", so using this term in the translation is pushing too far. It sufices to say "sole binding framework", for instance. Thank you!
1 hr
agree philgoddard : Yes, the agreement and its appendices are obviously a legal document. You can't ignore 'normativo'.
2 hrs
neutral liz askew : not sure where you get "legally binding" from in relation to the source?
3 hrs
neutral Toni Castano : I understand that contractual obligations are usually "binding" to the parties, true, but the source does not say this explicitly, so careful!
6 hrs
neutral Jennifer Levey : Wrong meaning of único, and normativo doesn't mean 'legally binding'.
6 hrs
Something went wrong...
+3
1 hr

single regulatory framework

Definitely not a governing body, since this is referring to documents
This is saying that the agreement (which I would not refer to as a partnership in law) is governed by these two documents which apply together - as a single regulatory entity

EUR-Lex - 32002L0021 - EN - European Union
EUR-Lex
https://eur-lex.europa.eu › LexUriServ › LexUriServ
... single regulatory framework. That regulatory framework consists of this Directive and four specific Directives: Directive 2002/20/EC of the European ...
Peer comment(s):
disagree Susana Gonzalez : "Regulatory" is a term with a very specific meaning, globally. Not really applicable in this case. You may change this to "will be the only set of governing rules", for instance. Thank you!
1 hr
Documents governing an agreement are "regulatory", it's fairly obvious: I can't agree with your objection. Look at my ref and Phil's ref
agree philgoddard : Regulatory is perfectly OK. https://www.dictionary.com/browse/regulatory#google_vignette It's often a bad idea to disagree with answers when you're not a native speaker of the target language.
1 hr
Thanks Phil
agree neilmac
2 hrs
thank you
agree Jennifer Levey : Yes, it's 'single', not andres-larsen's 'sole' in this context. i.e., the agreement and two annexes are interpreted as an indivisible whole. 'sole' would imply that all other laws and regulations would be over-ridden, which is extremely unlikely.
3 hrs
Thank you, yes "indivisble whole" is the meaning
neutral Toni Castano : I would be cautious with "regulatory": https://ell.stackexchange.com/questions/111963/are-normative...
5 hrs
well the EU is content to use the expression in this way
agree Michael D. Sherokee : Agree with this translation. 'Sole legal framework" or "Singular Regulatory Framework" would also fit depending on client preferences.
1 day 5 hrs
thank you
Something went wrong...
+1
3 hrs

single regulatory body/single regulator

https://www.jstor.org/stable/4411691

--------------------------------------------------
Note added at 3 час (2023-11-26 18:29:44 GMT)
--------------------------------------------------

https://www.google.com/search?client=firefox-b-d&q=single re...
Peer comment(s):
neutral Toni Castano : I would be cautious with "regulatory": https://ell.stackexchange.com/questions/111963/are-normative...
3 hrs
neutral AllegroTrans : "Body" and "Regulator" imply a regulatory body (such as Ofsted etc etc. ) rather than documents
16 hrs
agree Alejandro M.
7 days
Something went wrong...
7 hrs

the one and only law of the parties

Note: 1 la loi des parties in French ('pacta sunt servanda') and 2. the 'law of the parties' lecture delivered - 40 years ago at an ITI /UK Institute of Translation & Interpreting Conference - by a Queen Mary College, London Uni. IP / Intellectual Property & Contract Law Professor referring - surprisingly - to the French concept of 'law of the partes', namely a contract made in the UK forms a part and 'niche', however small a corner, of domestic contract law.

Alas, West's, Butterworths & Alcaraz & Hughes glossary draws a blank on this (vexed) expression.

Obiter, I have qualms about a partnership agreement, however hallowed and sacred, amounting to a 'regulatory framework'.
Example sentence:

A contract is to be interpreted according to the common intention of the parties even if this differs from the literal meaning of the words.

Reference:

http://www.proz.com/personal-glossaries/entry/366162-·%09cuerpo-normativo-body-of-regulations?phpv_redirected=1

http://www.proz.com/kudoz/french-to-english/law-contracts/870334-la-convention-faisant-la-loi-des-parties.html

Peer comment(s):
neutral AllegroTrans : Your explanation is denied and repudiated as if retranscribed verbatim hereunder and traversed seriatim.
3 days 16 hrs
Something went wrong...
+1
22 hrs

constitute etc

it's a bit like an entire agreement clause but focused what makes up the agreement rather than the exclusion of other terms. In English law terms it is a redundancy because the contract documents just are a single body of private law, that is what a contract is
Example sentence:

which together constitute the agreement between the parties

Peer comment(s):
neutral AllegroTrans : Redundant or not, it needs to be translated and whilst "...which together constitute the agreement between the parties" expresses the idea, it strays somewhat from the ST
3 hrs
agree philgoddard
5 hrs
Something went wrong...
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