Glossary entry

English term or phrase:

without prejudice to

Chinese translation:

无损于合法权利地

Added to glossary by Shaojie Huang
Nov 28, 2006 14:28
17 yrs ago
English term

without prejudice to

English to Chinese Law/Patents Law: Contract(s) book publishing agreement
shall have the right to terminate this Agreement by giving written notice to the PUBLISHER, without prejudice to any of the rights of the PROPRIETOR

Proposed translations

+4
13 mins
Selected

无损于合法权利地

此系法律用语,指无损于合法权利。
Peer comment(s):

agree pkchan
45 mins
Thank you!
agree Angeline PhD
1 hr
Thank you!
agree Wenjer Leuschel (X)
2 hrs
Thank you!
agree vwkl (X)
3 hrs
Thank you!
disagree chinesetrans : 权利和权益是截然不同的概念。
11 hrs
agree Danbing HE
13 days
Thank you!
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4 KudoZ points awarded for this answer. Comment: "Kudos to Nai-Ching Ting, whose version fits best in this context, despite this disputed translation of RIGHTS into Chinese; thanks to all you helpers and to wherestip for the useful links. "
15 mins

与......无关

in this case it would not affect the rights of the proprietor in any way.

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Note added at 17 mins (2006-11-28 14:46:23 GMT)
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meaning it would not be beneficial nor be harmful to the rights of the proprietor in anyway.

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Note added at 33 mins (2006-11-28 15:02:49 GMT)
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不受任何影响

Please reference definitions 6 and 7 of the following link:

http://dictionary.reference.com/browse/prejudice

6. to affect with a prejudice, either favorable or unfavorable: His honesty and sincerity prejudiced us in his favor.
—Idiom
7. without prejudice, Law. without dismissing, damaging, or otherwise affecting a legal interest or demand.




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Note added at 1 hr (2006-11-28 16:06:54 GMT)
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Here's another link. pk's agreement with Nai-ching's entry is making me think twice. At this point I'm not sure if prejudice only refers to detrimental in legal jargon

http://en.wikipedia.org/wiki/Prejudice_(law)

In law, the phrase without prejudice means that a claim, lawsuit, or proceeding has been brought to a temporary end but that no legal rights or privileges have been determined, waived, or lost by the result. For example, if a party brings a lawsuit in small claims court but discovers that the claim is over the amount for that court to have jurisdiction, the lawsuit can be dismissed "without prejudice". This means that the dismissal is no bar to bringing a new lawsuit in a court that does have jurisdiction.



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Note added at 2 hrs (2006-11-28 16:35:07 GMT)
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>>> For example, if a party brings a lawsuit in small claims court but discovers that the claim is over the amount for that court to have jurisdiction, the lawsuit can be dismissed "without prejudice". This means that the dismissal is no bar to bringing a new lawsuit in a court that does have jurisdiction.

my comment to the above quote: however this kind of "without prejudice" ruling does not favor the plantiff either. There is no guarantee that the plaintiff will win his/her case by filing with a higher court that does have jurisdiction. The "no prejudice" ruling only means that the court did not offer any ruling, pro or con.


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Note added at 2 hrs (2006-11-28 16:35:48 GMT)
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plaintiff

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Note added at 3 hrs (2006-11-28 18:02:46 GMT)
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correction: The "no prejudice" ruling only means that the court did not offer any "opinion", pro or con.
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+1
11 hrs

不得损害业主的权益

应该翻译成命令的形式,才能突出法律的威严性。
因该把RIGHTS译成权益,而不应该是权利。权利和权益是截然不同的概念。权利属于政治民主的范畴,权益属于经济利益的范畴。即,剥夺权利,损害权益。此处应该是保护业主的经济利益,所以权利是错误的翻译。
在法律用语和/或合同里面,PREJUDICE TO 是损害的意思。
Peer comment(s):

agree rxwang
373 days
tks. well, it was closed! Ha!
Something went wrong...
14 hrs

在不损害……权益的情况下

在翻译时这句应该放在前面,即:在不损害所有者权益的情况下,某人有权向PUBLISHER出具书面通知终止该协议。
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