European Union law

#1
Not sure of the correct tread for this but are their any Arrsers who can signpost me with regard to European Union law and the use of language?

In particular, are there any judgements with regard to the law of Contract where someone signs a contract in a foreign language? Is it legally binding if signed in a foreign language where one of the parties does not understand the language?

Thanks for any help on signposting this issue.

Kromeriz
 
#4
Not strictly true according to good Lady Judge Kromeriz who is of the opinion - High Court of the Czech Republic - that a contract can be declared null and void if it can shown that one of the signatures to the contract could not understand what they were signing.

Unfortunately, as she is GL Judge Kromeriz, she can not help me... because, because, because... and told me to go and find out the law... hmmm

Apparently, under European Union law, it is our right to be addressed in our native language unless it can be shown that we do speak the language fluently and fully understood what we were signing.
 
#5
Contract signed in the Czech Republic. Whether it was subject to Czech law etc, I have no clue as I could not understand Czech at that point.
 
#7
From memory, when MOD agrees a contract with a company whose address is Scotland, they ask the contractor whether he would like the contract to be under Scots Law. Were you given a choice of which countries law you wanted to apply?
 
#8
What have you bought?
Simple Rent Contract.

The point is the law.

The value of the claim is £400, but Mrs GLK insists that I have the right in denying that the Contract was actually enforceable.

Simply a point of law, but one that the Arrse FL might actually find useful at some point if I can find clarification.
 
C

cloudbuster

Guest
#9
It's a slippery slope you're bound for if you think Arrse is the place for legal advice...........................
 
#10
The signature at the bottom means that you have read, understood and agree with its contents. If you didn't understand it why did you sign it? You could get out of it if the contract itself if you can show that it breaches the law.
 
#12
I don't know about the Czech Republic but in the UK if you have signed it it will be upheld, providing it is not a consumer contract and providing there are no "unfair terms" (things you couldn't have reasonably be expected to understand without legal advice).
 
#15
It's a slippery slope you're bound for if you think Arrse is the place for legal advice...........................
Not wrong there.

But I have read one or two postings from ... educated types...

I only need someone to signpost me.

AND

I have stated, GLJ Krom, although she can not help me, has said that some members of Arrse are full of toss...

Continental law is totally different to Common law.

SO

Serious answers please chaps and chapesses. It if after all a point of law that could have an impact on many Arrsers should venture beyond UK borders in to the the somewhat wilder climes
 
#17
I don't know about the Czech Republic but in the UK if you have signed it it will be upheld, providing it is not a consumer contract and providing there are no "unfair terms" (things you couldn't have reasonably be expected to understand without legal advice).
OK
However, understand that the UK government spend a fortune on translation in the Courts because of EU law. ... I need the linky to that specific law.
 
#19
As I understand it, it is actually about the rights of the National. Be it crim or civ does not matter.
 
#20
Well some EU law is legislation passed by the European Parliament but other bits of it is directives from the various councils. So you need to know what is law and what is a directive. As a rule of thumb European Laws in various countries are not varied by EU law, they agree to modification by direction. In principle you have a right to be able to understand the proceedings under ECHR in relation to a fair trial but the way the law works is a matter for each state. For example in France offences are investigated by the Police under the direction of an examining magistrate as opposed to here where the police do the intial investigation and then report to CPS for direction. A distinction is made between Criminal and civil cases because the police are not necessarily involved. If they are under POCA for example then they are not covered by the provisions of PACE. However PACE guidelines normally give advice on interpreters and its here that you will find your answers, but only for criminal cases.
 

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