Daryo Oct 11, 2019:

to make it short Le droit impératif est réservé.
=>
on its own "Le droit impératif" is the part of the national legislation that is directly applicable - how things have to be done as opposed to / as distinct from "procedural laws" or in the case of international contracts to make a distinction from "laws about conflict of laws" - deciding which jurisdiction's laws will be applicable to the contract.

HERE it means implicitly "Le droit impératif de la juridiction déterminée par le contrat"

"est réservé" HERE simply means "you can't touch to that / can't change that choice"

In plain speak : if we agreed that the substantive laws of Switzerland will apply to this contract, that will not / can not be changed" whatever else could be inferred from other clauses in this contract.

this clause is about the choice of jurisdiction, not about "you must obey the law"

Sure, you could have derogation, exceptions etc if they are part of the legislation (NOT if you just fancy giving one to yourself) - so these derogation, exceptions etc are still part of "applying the law as it is" i.e. the law is still mandatory, as any law would be.

SafeTex (asker) Oct 10, 2019:

@ Daryo and all Hello Daryo

I've tried to get to grips with what you have just said.

You say that all laws are binding so that "mandatory/statutory law" means nothing.

This is not my understanding of the law and I have checked on several sites.

Some laws (droit supplétif) can be derogated by convention etc. and probably the best known example in France is the 35 hour week.

Another example of both types of law applicable to inheritances is given on

https://books.google.co.uk/books?id=MVSVO2_I7JgC&pg=PA32&lpg...

For this reason, either I have not understood you properly or I simply can't agree with you at present.

I'm open to a further explanation if you want and thank you for your efforts to help me

Regards

Daryo Oct 10, 2019:

so "Le droit impératif est réservé."

would mean

"the choice of juridiction whose substantive laws will apply to the present contract can not be changed"

Daryo Oct 10, 2019:

Checking the meaning first? "Le droit impératif" DOESN'T mean "binding" "mandatory" "compulsory" -

ALL laws are "binding" "mandatory" "compulsory" (never heard of "optional" laws that you would apply only if you feel like) so that in fact means nothing - in the sense that it makes no distinction between what would be "Le droit impératif" and what is not that (same as saying "paper is papery")

"Le droit impératif" is defined by opposition to "les règles de conflit de lois" - it's the directly applicable law of the competent jurisdiction - as opposed to rules to determine which jurisdiction - laws of which country - should apply to a case.

https://www.google.com/search?q="Le droit impératif&quo...

look how it's used in relevant documents, not "ready-made" translations.

AllegroTrans Oct 9, 2019:

@ Safetex Beware of making 2+2=5

SafeTex (asker) Oct 9, 2019:

@ Ali Thanks for your input but I remain sceptical.
This is not "réservé à UN GROUPE" (and no special group is indicated elsewhere in the text;

Regards

SafeTex (asker) Oct 9, 2019:

@ all I've just come across on the Internet

Sous réserve du droit impératif applicable

translated as

Unless otherwise provided by applicable binding law

so now I'm thinking that my sentence could be

Under Statutory Law (or something like that)