This site uses cookies. Some of these cookies are essential to the operation of the site, while others help to improve your experience by providing insights into how the site is being used. For more information, please see the ProZ.com privacy policy.
Cookie settings
inferir a alguien el mismo daño que de él se ha recibido
díscolas

Glossary entry

Spanish term or phrase:

en todo caso, tendrán efectos contractuales

English translation:

under all circumstances, will constitute a contract/will be binding

Added to glossary by Ventnai
Jan 23, 2010 07:50
14 yrs ago
37 viewers *
Spanish term

en todo caso, tendrán efectos contractuales

Spanish to English Law/Patents Law: Contract(s)
El hecho de que el proveedor acepte un pedido implica que acepta sin reservas estas CGC que, en todo caso, tendrán efectos contractuales entre XXX y el Proveedor y regirán la relación entre las partes

I am correcting somebody's translation of general purchasing conditions and am finding it hard to translate this phrase in a natural sounding way.

TIAFYH
Proposed translations (English)
4 under all circumstances, will constitute a contract
5 +1 in all cases shall be binding as a contract
4 which, in any case, will have the effects of a contract
4 (which) shall be binding in the event of any issue arising (between XXX and the Supplier)
Change log

Jan 24, 2010 15:07: Ventnai Created KOG entry

Discussion

Ventnai (asker) Jan 23, 2010:
yes, I completely agree with you Phil
philgoddard Jan 23, 2010:
As a latecomer to this debate, I think we're making this question much more complicated than it really is. I agree with all the answers, except I would leave out 'en todo caso", which is redundant - either it does constitute a contract, or it doesn't.
Ventnai (asker) Jan 23, 2010:
Thanks for the suggestion. I am just trying to get through 12 pages of correction so I can then get on with my 'real' work for this weekend :-)
alidalc Jan 23, 2010:
This debate is getting quite heated! What about "in any event, shall be binding"?
margaret caulfield Jan 23, 2010:
Well, Ian, I'm certainly glad you're happy, but I'm not quite as happy by the "dogmatic" bit when all I was trying to do was help out. Not to worry. It's never too late to learn!
Ventnai (asker) Jan 23, 2010:
Sorry, I am going to have to disagree. It does not change the essential meaning. I will consider using this phrase althoug I may use your "regardless" in some way. You are coming across as very dogmatic, although this may not be your intention. I have read what you have said before and taken it into account. These are pretty standard general purchasing conditions and it's no big deal. I am happy with 'binding'.
margaret caulfield Jan 23, 2010:
Well, Ian, That's my point. I think it changes the essential meaning of the sentence. Again, I repeat, we would see it more clearly with further context, I think.
Ventnai (asker) Jan 23, 2010:
"In all respects" may not be a translation of 'en todo caso' but it does convey the essential meaning of the sentence. Having said that, I may not use it in the end.
margaret caulfield Jan 23, 2010:
"In all respects" sounds good, but it is not the translation of "en todo caso". Please see my point to alidalc. From the context given, we do not know the contents of the (spoken) contract, so there's no way of knowing if the "binding" or whatever is in all respects. This would change the sense here.
Ventnai (asker) Jan 23, 2010:
si, me gusta 'in all respects'
Margarita Ezquerra (Smart Translators, S.L.) Jan 23, 2010:
¿Qué tal algo así? and shall, in all respects, be (legally) binding upon both/the parties
margaret caulfield Jan 23, 2010:
Hi, alidalc. "Binding" doesn't sound too far-fetched to me, but, of course, it also depends on the rest of the document and what the "contractual" effects entail: delivey times, delivery addresses, packaging, invoice and payment conditions, etc. It's difficult to know from the context given (which would normally be sufficient, but...).
margaret caulfield Jan 23, 2010:
Ian, Well, I think anyone who speaks no Spanish at all would have no problems in understanding my version. Obviously, you're not talking about marketing. I really don't know why you say that! Anyway, sorry!
Ventnai (asker) Jan 23, 2010:
What I meant is something which sounds natural even if it is stilted legalese. I am not talking about marketing.

I am correcting somebody's translation where they have translated almost everything literally. As a speaker of Spanish I understand what they mean but I am sure someone who knows little or no Spanish will not understand. This has made me suspicious about anything which appears to be a direct translation, even though it may be correct.
margaret caulfield Jan 23, 2010:
Hi Ian. I'm personally very dubious where it comes to "turns of phrases" when translating terms either in or dealing with contracts. Sorry I can't help you any further. The only thing I might change is "in any case" for "regardless" or "regardless of whatever", or even "no matter what", but I don't find any of them as formal as I think they should be for contractual language.

Proposed translations

43 mins
Selected

under all circumstances, will constitute a contract

Here is one option. I think it sounds quite natural. I also thought of just using "will be binding", but "constitute a contract" allows you to stick closer to the original Spanish.

Anyway, good luck!

--------------------------------------------------
Note added at 1 hr (2010-01-23 09:19:04 GMT)
--------------------------------------------------

Hmm, seeing that I am in the minority, I thought I would offer up instead "under all circumstances, will be binding between XXX and the Supplier", which should do nicely.
Note from asker:
I agree with Margaret, although I think we may be able to do something with 'binding'
Peer comment(s):
disagree margaret caulfield : The transaction may be treated as though there were a contract, but the mere fact that a supplier accepts an order cannot possibly constitute a contract in the eyes of the law. It may form part of one, but that's it in my opinion.
19 mins
Thanks Margaret, I do see your point, but actually I have a law degree from the UK, and an oral agreement can definitely be legally binding. Maybe it would be better, then, to use "binding" to avoid potential error.
agree philgoddard : There's nothing wrong with this (apart from the comma!)//sorry, the comma is quite right!
10 hrs
Thanks for your support, Phil! The comma is there assuming that my answer will come after a "which" followed by the first comma, as in the Spanish version ("...which, under all circumstances, will constitute a contract between..."
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks for everybody's input. "
21 mins

which, in any case, will have the effects of a contract

Or "will be considered under contract"

I'd say this is what it means here.
Note from asker:
Thanks, Margaret. I am not worried about the meaning - I know what it means. I am looking for a nice turn of phrase. I just didn't like 'in any case' or 'effects' in this context. Maybe I am wrong.
Something went wrong...
3 hrs

(which) shall be binding in the event of any issue arising (between XXX and the Supplier)

...which shall be binding in the event of any issue arising between XXX and the Supplier ...

en su caso = should the issue arise (Diccionario de Términos Jurídicos, Alcaraz-Hughes)

Or even:

which shall be binding should any issue arise between XXX and the Supplier

Hope this helps :)

--------------------------------------------------
Note added at 4 hrs (2010-01-23 12:18:43 GMT)
--------------------------------------------------

Hi Ian, from p. 693 of the 10th edition:

caso, en su (GEN where relevant/appropriate, when applicable, as the case may be, should the issue arise)

"en todo caso" isn´t listed, but the "todo" can be translated with "any" or "all", I think.

Saludos!
Note from asker:
Thanks ... I have Alcaraz-Hughes but it doesn't say that. Maybe I need to invest in a newer edition :-)
My edition is earlier :-) It only says "where appropriate"
Something went wrong...
+1
6 hrs

in all cases shall be binding as a contract

que, en todo caso, tendrán efectos contractuales entre XXX y el Proveedor = which in all cases shall be binding as a contract between XXX and the Supplier
Peer comment(s):
agree eski : Or, "which, in any case, shall be binding...etc." Saludos! eski
2 hrs
Gracias, Eski.
Something went wrong...
Close search
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search