Glossary entry (derived from question below)
German term or phrase:
Optio iuris
English translation:
Choice of law
Added to glossary by
Adrian MM. (X)
Apr 4, 2016 15:33
8 yrs ago
1 viewer *
German term
Germany
BA in English. Passionate about language
Native in: English 
Works in: German to English, English
Optio iuris
German to English
Law/Patents
Law: Contract(s)
Power of attorney
This is a heading specifying one of the powers. I can only find references to "Opinio iuris" (or opinio juris) and I don't know whether there may be a typo. The wording includes:
... sodass der hiermit ernannte Bevollmächtige im Namen, für Rechnungen und in Vertretung der Vollmachtgeberin
A - Optio Iuris
die Vereinbarung im Sinne des Artikels xx des Gesetztes xxx/xx zu unterzeichnen...
Thank you.
... sodass der hiermit ernannte Bevollmächtige im Namen, für Rechnungen und in Vertretung der Vollmachtgeberin
A - Optio Iuris
die Vereinbarung im Sinne des Artikels xx des Gesetztes xxx/xx zu unterzeichnen...
Thank you.
Proposed translations
(English)
| 4 +1 | Choice of (contractual) law |
Adrian MM. (X)
|
| 4 +1 | choice of jurisdiction |
philgoddard
|
References
| I am not a lawyer, but |
Edgar Bettridge
|
Change log
Apr 5, 2016 19:47: Adrian MM. (X) Created KOG entry
Proposed translations
+1
40 mins
Selected
Choice of (contractual) law
Whilst 'British' and supposed to be humble and modest, I AM a lawyer AND reckon this is the choice of US law over German or UK law to govern the regime of (US) marital vs. (UK) matrimonial property law.
dass ihr Güterstand nach dem Gesetz des Staates... (USA) geregelt wird..."
Contrary to a popular misconception, the parties - wherever domiciled - are free to choose any contractual jurisdiction they plea, though Chinese and Russian may not be that popular e.g. for resolving arbitrated disputes.
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Note added at 2 hrs (2016-04-04 18:04:06 GMT)
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I never said UK law was involved- The term of choice of (contractual) law is immutable and does not change
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Note added at 1 day5 hrs (2016-04-05 20:34:39 GMT) Post-grading
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Thanks. Choice of law (iuris in DE or juris in 'BrE') may not be the same as choice of jurisdiction or venue (optio fori). For instance, the choice of law in this case could be US, but the jurisdiction the Federal State of Washington DC.
dass ihr Güterstand nach dem Gesetz des Staates... (USA) geregelt wird..."
Contrary to a popular misconception, the parties - wherever domiciled - are free to choose any contractual jurisdiction they plea, though Chinese and Russian may not be that popular e.g. for resolving arbitrated disputes.
--------------------------------------------------
Note added at 2 hrs (2016-04-04 18:04:06 GMT)
--------------------------------------------------
I never said UK law was involved- The term of choice of (contractual) law is immutable and does not change
--------------------------------------------------
Note added at 1 day5 hrs (2016-04-05 20:34:39 GMT) Post-grading
--------------------------------------------------
Thanks. Choice of law (iuris in DE or juris in 'BrE') may not be the same as choice of jurisdiction or venue (optio fori). For instance, the choice of law in this case could be US, but the jurisdiction the Federal State of Washington DC.
Note from asker:
| For information - I am not 100% sure whether any UK law is involved here, but the countries involved seem to be the US, Germany and Italy - several parties from these countries are mentioned. |
4 KudoZ points awarded for this answer.
Comment: "Thank you."
+1
39 mins
philgoddard
United States
United States
Native in English
United States
Six languages into flawless English
Native in: English
Works in: German to English, French to English, Spanish to English, and 4 more.
Related KudoZ points
:
228
choice of jurisdiction
The asker has provided some additional context in the discussion box, which says that the grantor of power of attorney has elected that her matrimonial property (Güterstand) be dealt with in accordance with the law of a US state. Since the agreement is in German, it looks like she may be living in, or have connections with, two countries.
"Optio juris: testators can elect in a will or a similar instrument for another law than the one of their habitual residence."
"Optio juris: testators can elect in a will or a similar instrument for another law than the one of their habitual residence."
Note from asker:
| I should like to choose you both as best, but I don't think I can do that. Sorry, but I have to go with the lawyer in this case. |
Peer comment(s):
| agree |
Johanna Timm, PhD
: or choice of law :https://www.era-comm.eu/EU_Civil_Justice_Training_Modules/ki...
3 mins
|
|
Yes, thank you.
|
Reference comments
14 mins
Edgar Bettridge
United Kingdom
United Kingdom
Native in English
Specializes in field
United Kingdom
Hands-on experience in finance and wine
Native in: English (Variant: British)
Works in: Italian to English, German to English, French to English
Reference:
I am not a lawyer, but
this looks like a typo, unless there was a Roman army officer (see link) in charge of legal matters which somehow became a byword for some concept in a POA. Unlikely?
Opinio also seems to fit the context.
Opinio also seems to fit the context.
Reference:
Note from asker:
| That made me smile! Actually, my brother (who has an O level in Latin) tells me that "optio" is Latin for "to choose". Maybe Roman officers were the chosen ones? |
Discussion
And "Optio Iuris" is given a line on its own in bold, while "die Vereinbarung" continues on another line.
And what do the Xs represent? Looking up the law concerned might provide a clue.