Governed by and interpreted in accordance with: Difference between revisions

Jump to navigation Jump to search
no edit summary
No edit summary
No edit summary
 
Line 17: Line 17:
The legal experts of one sovereign judiciary applying the laws of another one might strike you as rather a wishful state of affairs, and it rather points up the need for the grim confection with which we are currently concerned.  
The legal experts of one sovereign judiciary applying the laws of another one might strike you as rather a wishful state of affairs, and it rather points up the need for the grim confection with which we are currently concerned.  


For it is hard enough to expect ''le Cour Supérieur de Justice'' to properly apply the law of, for example, [[Trust|trusts]], when the very concept is ''said to be''<ref>''Said'' to be. The ''[[contrat fiduciaire]]'' sounds a ''lot'' like a trust to me, readers.</ref> unknown to continental jurists, without them at least putting some kind of Flemish spin on it. So, ''Madame la Présidente'' cannot but ''help'' reading our rusty Anglo-Saxon contortions with some silken, romance finery.
For it is hard enough to expect ''le Cour Supérieur de Justice'' to properly apply the law of, for example, [[Trust|trusts]], when the very concept is ''said to be''<ref>''Said'' to be. The ''[[contrat fiduciaire]]'' sounds a ''lot'' like a trust to me, readers.</ref> unknown to its jurisprudence, without it at least putting some kind of Flemish spin on it. It cannot ''help'' reading our rusty Anglo-Saxon contortions with some silken, romance finery.


Will it help if our contract says she is not allowed to? We fear not. Directing a reader on the [[Hermeneutics|hermeneutic]] framework she must use to construing a document ''from within the confines of that document'' rather puts the the Yak before the ''сарлаг тэрэг'', to coin a phrase.  
Will it help if our contract says it is not allowed to? We fear not. Directing a reader on the [[Hermeneutics|hermeneutic]] framework she must use to construe a document ''from within the confines of that document'' rather puts the Yak before the ''сарлаг тэрэг'', to coin a phrase.  


But — and this is a far broader question — ''what does it matter anyway?'' What are we supposed to ''do'' if the sitting members of ''le Tribunal d’Arrondissement'' puts some Frankish spin on things? How will we even know? How can we stop them? To whom do we appeal? What difference will it make?
But — and this is a far broader question — ''what does it matter anyway?''  
 
What are we supposed to ''do'' if the sitting members of ''le Tribunal d’Arrondissement'' puts some Frankish spin on things? How will we even know? How can we stop them? To whom do we appeal? What difference will it make?


{{sa}}
{{sa}}

Navigation menu