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For good and valuable consideration

Japanese translation: 約因、対価

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04:55 Mar 21, 2007
English to Japanese translations [PRO]
Law/Patents - Law: Contract(s) / agreement
English term or phrase: For good and valuable consideration
契約書の冒頭の決まり文句のような一文です。
For good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
私の現段階での訳は、
有益かつ有価な約因を以って、またこれが十分であることをここに認識しつつ、両者は以下の通り契約を結ぶものである。
ですが、いかがでしょうか。Considerationには約因という言葉を当てることが多いようですが、私自身内容はあまり理解していません。どうも英米法では損得があるということが契約を結ぶ前提であって、それが確かに存在するということをうたっているのがこの一文、というのが私の理解です。これでよいのでしょうか。
もし翻訳でなく日本語で契約書を作成するならばどう書くのでしょうか。こういう一節自身が存在しないのでしょうか。
If you don't come up with a Japanese conterpart but if you could explain what exactly this phrase means and why it has to be there as part of an agreement, that would be greatly appreciated.
Yuki Okada
Canada
Local time: 09:38
Japanese translation:約因、対価
Explanation:
"Consideration" is the idea that each party must give or forego something in order to form a contract. It is not required under Japanese law, and agreements governed by Japanese law will not include any reference to it. Therefore, there is no truly "natural" way to translate the term into Japanese.

約因 is an accurate translation, suggested by dictionaries and other proz users, but I'm not sure that its meaning is apparent in Japanese. 対価 is a very close equivalent with a clearer meaning. I would use 対価 for that reason; however, if you think the Japanese reader of the agreement will understand Anglo-American common law, 約因 may be more appropriate.
Selected response from:

Joe Jones
United States
Local time: 12:38
Grading comment
Thank you Joe, Can, Kathy, and anybody else who has given consideration (oh, no money here) to my question. This was my first KudoZ question, and I feel good about my experience.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1約因、対価Joe Jones


Discussion entries: 2





  

Answers


12 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
consideration
約因、対価


Explanation:
"Consideration" is the idea that each party must give or forego something in order to form a contract. It is not required under Japanese law, and agreements governed by Japanese law will not include any reference to it. Therefore, there is no truly "natural" way to translate the term into Japanese.

約因 is an accurate translation, suggested by dictionaries and other proz users, but I'm not sure that its meaning is apparent in Japanese. 対価 is a very close equivalent with a clearer meaning. I would use 対価 for that reason; however, if you think the Japanese reader of the agreement will understand Anglo-American common law, 約因 may be more appropriate.


    Reference: http://www.proz.com/kudoz/1300330
Joe Jones
United States
Local time: 12:38
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Grading comment
Thank you Joe, Can, Kathy, and anybody else who has given consideration (oh, no money here) to my question. This was my first KudoZ question, and I feel good about my experience.
Notes to answerer
Asker: Thank you Joe for your very appropriate explanation. I feel the same way about 約因 vs. 対価. Now I understand that 約因 is 契約の元となる原因, but this must be a coined word to translate "consideration," or actually the whole phrase. 対価 does seem closer to the word consideration alone, and it is certainly understood by everyone.


Peer comments on this answer (and responses from the answerer)
agree  KathyT
4 hrs
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