Glossary entry

Spanish term or phrase:

firma, formalización, ejecución o terminación

English translation:

signing, legalising, performance or termination

Added to glossary by Ruth Ramsey
Feb 18 19:32
3 mos ago
21 viewers *
Spanish term

firma, formalización, ejecución o terminación

Spanish to English Law/Patents Law: Contract(s) Financial Intermediary Agreement
Financial Intermediary Agreement (Colombia)

My question is how to distinguish "formalización" from "ejecución" if they both mean "execution" or "performance". The word "ejecución appears throughout the text and I'm translating it as "execution". Therefore, I'm trying to find a different term for "formalización". Would "completion" be a suitable alternative?

Many thanks for your help.

"Las partes acuerdan que cualquier disputa o controversia que pueda surgir entre ellas con ocasión de este Acuerdo, incluyendo sin limitarse a aquellas derivados de su firma, formalización, ejecuciónn o terminación que no puedan ser resueltas amigablemente entre ellas..."

Discussion

Ruth Ramsey (asker) Feb 19:
Hi Phil, yes I think firma and formalización can both refer to "execution", although I translated them as "signing" and "execution" in order to keep it as two separate terms.
philgoddard Feb 19:
I believe firma and formalización mean the same thing. You don't have to translate them as two words.
Ruth Ramsey (asker) Feb 18:
Hi Adrian, yes you're right about "ejecución" being "performance" rather than "execution".
Ruth Ramsey (asker) Feb 18:
Perhaps "execution and performance" would be more appropriate then, although I've used "execution" for "ejecución" in other parts of the translation.
Ruth Ramsey (asker) Feb 18:
How about "preparation" for "formalización", ie the drawing up of the contract.

Proposed translations

+1
2 hrs
Selected

signing (execution), formalis/zing (notarially or by Deed), performance/enforcement or termination

> four different, largely false-friends terms (as often canvassed on Language Networks, execution means signing of a Doc., Deed, Lease or Will) calling for 4 different posts.

Anyhow, finalis/zation (knocking into shape of the final contract) doesn't fit formalización if its is post-signing (execution).

Contract, conveyancing and mortgage completion IMO subsumes signing and exchange of contracts, payment of the price and hand-over of any keys to the property, so questionable in this context.

Alas, as already mentioned on ProZ, Her Late Britannic Majesty, even with the benefit of advice from Queen's Counsel who had gieb a written undertaking to 'proffer advice and conusel when called upon to do so', also confused contract completion with 'engrossment': 'I thought the Brexit Agreements had been finalised' (signed off or completed vs. fine-tuned).

Although this has come up before, formalising can mean putting into the right form, namely notaris/zation or by (non-US Land) Deed under (Notarial) Seal.

ejecución can mean (course of) performance as well as enforcement - depending on the context.


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Note added at 2 hrs (2024-02-18 22:02:02 GMT)
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.... Her Late Britannic Majesty, even with the benefit of advice from Queen's Counsel who had *given* a written undertaking to 'proffer advice and *counsel* when called upon to do so' ,,,,

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Note added at 7 days (2024-02-26 18:52:16 GMT) Post-grading
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You are welcome! In the UK, legalis/zing is a specific *authentication* process conducted at a foreign Embassy or Consulate of an already attested = notarially certified contract or translation - into or out of English - and that can be substituted by the simplified process of a notarial apostille 'in lieu' (Note the ProZ or TC non-favourite noun or gerundive of apostillis/zation or apostillis/zing -> as per a Brooke's Notary textbook footnote), for international recognition in foreign countries that are members of the 1961 Hague Convention Treaty.

The loose translation of formalización as 'finalis/zation', namely pre-completion knocking into final shape, IMO does not for once - as expounded - work in this instance post-signing, but m,ight have done pre-signing (or 'pre-execution').
Example sentence:

Formalisation-related, ex-Latin students note *carefully*: omnia praesumuntur rite esse acta -> The presumption that, in the absence of evidence to the contraing which has been done was done in accordance with all relevant technicalities.

Contract Completion means the confirmed point when all contractual obligations are fully executed, approved, and all due payments are authorized.

Peer comment(s):

agree Toni Castano : Correct: "Formalización": formalizing (or legalizing) by a notary public. "Ejecución": (in this case) performance or fulfilment (the whole paragraph refers to the Agreement in question).
1 day 17 hrs
Thanks, Toni. It's good to have a legally qualified peer on my side.
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4 KudoZ points awarded for this answer. Comment: "Thanks Adrian. I've found instances where "formalización" can refer to "execution" but take your point that signing and execution are a similar thing."

Reference comments

1 hr
Reference:

definitions

Formalization is to give something formal standing or endorsement, to make something official or legitimate by the observance of proper procedure. It's a systematic organization, the act of organizing something according to a system or a rationale.
https://www.thefreedictionary.com/formalization
Among other things, execution is the manner, style, result of performance. It's the way in which something is accomplished (completed) or performed, a technique.
It's the carrying into effect of a court judgement, the enforcement of a judgement of a court of law, a writ which orders an officer to enforce a judgement.
It might be an effective, punitive or destructive action.
https://www.thefreedictionary.com/execution
Peer comments on this reference comment:

agree Adrian MM.
33 mins
agree neilmac
11 hrs
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