severability clause
[səˈvɛrəbɪlɪti klɔːz]
nounpl: severability clauses
cláusula de severabilidade
1. A contractual provision that allows a contract to remain in effect even if one or more of its clauses are found to be invalid, illegal, or unenforceable; the invalid provision is severed while the rest of the agreement continues
The severability clause in the employment contract ensured that even though one provision was ruled unconstitutional, the remaining terms of the agreement remained binding.
A cláusula de severabilidade no contrato de trabalho garantiu que, embora uma disposição tenha sido declarada inconstitucional, os demais termos do acordo permanecessem vinculantes.
2. A legal safeguard that prevents the entire contract from being voided if a court finds a specific provision unenforceable
Without a severability clause, the discovery of an illegal provision could invalidate the entire contract.
Sem uma cláusula de severabilidade, a descoberta de uma disposição ilegal poderia invalidar o contrato inteiro.
Severability clauses are fundamental in both American and Brazilian contract law to protect parties' interests. In the USA, they are standard in commercial contracts and regulatory compliance agreements. In Brazil, they are equally important given the civil law tradition and are commonly found in commercial, employment, and technology contracts. Courts in both jurisdictions generally respect severability clauses, striking only the offending provision while maintaining the contract's validity.
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