"good consideration"与"valuable consideration"的区别?

"good consideration"与"valuable consideration"的区别?

经常在合同的序言部分可以看到"other good and valuable consideration" 这个词组,一般就翻译成“有效有价的对价”之类,想知道是否正确吗,以及"good consideration"与"valuable consideration"的区别,例句如下:NOW, THEREFORE, in consideration of the premises and the mutual covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows:

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根据《布莱克法律词典》第九版

首先:Good Consideration. (18c)

1. Consideration based on natural love or affection or on moral duty <good consideration, being based purely on affection, does not amount to valuable consideration>.• Such consideration is usu. not valid for the enforcement of a contract. - Also termed meritorious consideration; moral consideration.

"A good consideration is that of blood, or the natural love and affection which a person has to his children, or any of his relatives.... A good consideration is not of itself sufficient to support a promise, any more than the moral obligation which arises from a man's passing his word;

neither will the two together make a binding contract; thus a promise by a father to make a gift to his child will not be enforced against him. The consideration of natural love and affection is indeed good for so little in law, that it is not easy to see why it should be called a good consideration ...."Joshua Williams, Principles of the Law of Personal Property 95-96 (11th ed. 1881).

"Stated simply, good or meritorious consideration is nothing more than motive or moral obligation." 3 Richard A. Lord, Williston on Contracts § 7:16, at 325-26 (4th ed. 1992).

2. Loosely, valuable consideration; consideration that is adequate to support the bargained-for exchange between the parties <his agreement to pay the offering price was good consideration for the sale>.

其次,Valuable Consideration. (17c)

Consideration that is valid under the law; consideration that either confers a pecuniarily measurable benefit on one party or imposes a pecuniarily measurable detriment on the other. Also termed good and valuable consideration; legal consideration.

"By a valuable consideration is meant something of value given or promised by one party in exchange for the promise of the other. ... The thing thus given by way of consideration must be of some value. That is to say, it must be material to the interests of one or the other or both of the parties. It must either involve some gain or benefit to the promisor by way of recompense for the burden of his promise, or it must involve some loss or disadvantage to the promisee for which the benefit of the promise is a recompense." John Salmond, jurisprudence 360 (Glanville L. Williams ed., 10th ed. 1947).

通过查询词典,可以发现:good consideration有两层含义,第一层是“出于亲属之间的爱、情感或道义责任上的考虑,而承诺提供利益或移交财产,受益人不得请求强制执行承诺”;第二层则是相当于valuable consideration。valuable consideration则是有值对价,一方需要付出有价值的对价,能够换取对方的承诺或作为,具有强制执行力。在"other good and valuable consideration" 这个词组中,两者应该是表达同一个含义,都指valuable consideration,可以只翻译成有值对价,有效对价。

更多回答

good consideration ①道德对价; 情感对价指纯然基 于爱或情感而产生的对价,从而使该人存在道德义务或自然义务。该种对价通常是不可强制执行的[unenforceable ]。亦作“meritorious consideration” 或“moral consideration”。②有效对价  指足以支持当事 人之间交易的对价即“valuable consideration”


valuable consideration充分对价;有效对价指根据法律规定属于有效之对价,它既可以是对一方当事人给予某种可用金钱衡量的权利、利益,也可以是另一方承受某种可用金钱衡量的损害、不利益、责任或放弃行使权利。它有时与道德对价[good consideration]相区别。


以上是《元照英美法词典》关于这对术语的解释,个人认为,当good consideration指“有效对价”时,有时是可以和valuable consideration互换的。


关于 good and valuable consideration的翻译,个人比较赞同“有效且有值对价”这个译法,也看到一些合同翻译为“有价约因”,但是通过查阅“对价”和“约因”,会发现“有价约因”的译法并不是很合理...


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