It remains difficult to find an English word for “dissolution” that clearly shows that it is not “cancel”. In Anglo-American law, there is no legal figure comparable to the “dissolution” of Dutch law. The words of return and rejection are not correct as translation for “dissolution” (we have already talked about: read here), then I said it was better to finish with the Dutch term behind (by the way). But even the end is just a fix, as the following example shows. In all cases, the author or translator of the contract indicated what the intention is. The question of whether the non-Dutch-speaking adversary, who is not taught in Dutch law, has something else to do with it is another story…… (my italic): Another culture (in this case: a different legal culture) gives words a different meaning… to the point that sometimes there is no translation… However, it is not mandatory to immediately determine Canadian law under translated conditions, for example.B. So you can literally translate the phrase “Dutch law applies to these conditions.” In this way, it remains a Dutch legal document, but readable for English speakers.
We regularly receive questions about whether or not we should translate the terms and conditions. For example, because people realize that foreigners occasionally register on the site, or because they want to focus more actively on the German, European or American market. Is this mandatory and do you have to adapt the conditions to the codes below? Common words: 1-300, 301-600, 601-900, Plus One country has stricter requirements. In Quebec (Canada), for example, an explicit linguistic requirement applies: contracts must be French. But France itself does not apply this requirement. And in Quebec, it can be resolved by enshrining in the treaty that both parties approve an English-language text (this sentence must be in French). Last week, with observation (or perhaps: sighs) we decided that “another culture gives a different meaning to words”. Today, it is an example of what we have to say in the legal culture. .
Always a reason for confusion: the use of the English word of termination when it comes to terminating a contract under Dutch law. It`s just how the other person interprets the word. Two of my master`s students gave a lecture in English, it was an organic material supplier who terminated a contract for no apparent reason. The question posed by the customer, an organic food producer, was whether this was possible, especially since the customer could no longer fulfil its obligations to its customers. Some customers are discouraged by these phrases: you do not know this strange Dutch law and you complain in The Hague? No way. In situations where your customers can negotiate, this can become a point. Second, it may be interesting to consider the extent to which your conditions are maintained under the law of California, New York or France. The agreement between the supplier and the manufacturer did not specify the termination. Both students had conducted extensive legal research. Even the provisions of the European Civil Code, considered “soft law”, have been withdrawn. During their presentation, I always wondered why the manufacturer had not simply demanded compliance, when the supplier had apparently terminated the contract without a request.
The confusion was great, especially when the students stated that the producer could not enforce respect for the case they had just presented. At their request, we changed to Dutch: the supplier seemed to have terminated the contract in its terms.