Composition常用的意思是作文、结构,但在法律领域中是否有其他特殊含义?

Composition常用的意思是作文、结构,但在法律领域中是否有其他特殊含义?

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composition在法律领域常理解为和解协议,指债务人与全部或至少相当一部分债权人达成的此类协议。如:

In case a settlement agreement is reached through conciliation between the debtor and creditors, the court shall make a decision in accordance with the contents of the composition reached by and between both the parties.

经债务人和债权人经调解达成和解协议的案件,法院应当根据双方当事人和解协议的内容,作出判决。

今天,是余生的第一天。

《布莱克法律词典》中对于composition的释义如下:


composition, n.

1. An agreement between a debtor and two or more creditors for the adjustment or discharge of an obligation for some lesser amount; an agreement among the debtor and two or more creditors that the debtor will pay the creditors less than their full claims in full satisfaction of their claims.

• The preexisting-duty rule is not a defense to this type of agreement because consideration arises from the agreement by each creditor with each other to take less than full payment. Through the performance of this agreement, the debtor is discharged in full for the debts of the participating creditors. — Also termed composition with creditors; creditors' composition; at-termoiement. [Cases: Bankruptcy 3662.100–3662.115; Debtor and Creditor 10. C.J.S. Assignments for Benefit of Creditors § 26; Creditor and Debtor§§ 84–94.]


2. The compensation paid as part of such an agreement.


3.Hist. A payment of money or chattels as satisfaction for an injury.

• In Anglo-Saxon and other early societies, a composition with the

injured party was recognized as a way to deter acts of revenge by the injured party. —

compose,vb.

“[T]he first theory of liability was in terms of a duty to buy off the vengeance of him to

whom an injury had been done whether by oneself or by something in one's power. The idea is put strikingly in the Anglo-Saxon proverb, ‘Buy spear from side or bear it,’ that is, buy off the feud or fight it out.... As the social interest in peace and order — the general security in its lowest terms — comes to be secured more effectively by regulation and ultimate putting down of feud as a remedy, payment of composition becomes a duty rather than a privilege .... The next step is to measure the composition not in terms of the vengeance to be bought off but in terms of the injury. A final step is to put it in terms of reparation.” Roscoe Pound, An Introduction to the Philosophy of Law 74 (rev. ed. 1954). 


根据该释义,composition在法律英语中的第一个意思即:“和解协议”

(债务人与两个或两个以上债权人之间就较小数额的债务进行调整或解除的协议;债务人与两个或两个以上债权人之间达成的协议,即债务人将向债权人支付低于其全部债权的款项,以完全满足其债权。)

第二个意思,即 “上述和解协议之赔偿”;

第三个意思,即“作为对受伤的补偿而支付的金钱或动产”。


【双语实例】

原文:

If the Directors shall at their absolute discretion determine that (aa) (1) the grantee of any option (other than an Eligible Employee) or his associate has committed any breach of any contract entered into between the grantee or his associate on the one part and the Group or any Invested Entity on the other part; or (2) that the grantee has committed any act of bankruptcy or has become insolvent or is subject to any winding-up, liquidation or analogous proceedings or has made any arrangement or composition with his creditors generally; or (3) the grantee could no longer make any contribution to the growth and development of the Group by reason of the cessation of its relations with the Group or by other reason whatsoever; and (bb) the option granted to the grantee under the Share Option scheme shall lapse, his option will lapse automatically and will not in any event be exercisable on or after the date on which the Directors have so determined. 

参考译文:

倘董事全权认为(aa)(1)购股权承授人(不包括合资格僱员)或其 联繫人违反本身与本集团或任何所投资公司订立的任何合约;或(2)承 授人经已破产、无力偿债或面临结业、清盘或同类法律程序,或与全体债权人订立任何偿债安排或和解协议;或(3)承授人因终止与本集团的合作 关係或其他任何理由而不再对本集团的增长及发展作出贡献;及(bb)承 授人根据购股权计划获授的购股权失效,则该承授人的购股权将自动 失效,及将在任何情况下于董事所釐订之日期或之后不得再行使。 


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