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voorafgaande formaliteiten

English translation: prior formalities

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16:39 Dec 7, 2004
Flemish to English translations [PRO]
Law/Patents - Law: Contract(s)
Flemish term or phrase: voorafgaande formaliteiten
I am translating back into English a contract drawn up by a UK Ltd co. and a Belgian B.V.B.A., because the Belgian party to the contract has made a lot of changes to the Flemish translation. However, some of those changes have been made because the choice of Dutch/Flemish word was not quite right, and it necessitates no change to the original English, as they amount to the same thing. In other cases, whole paragraphs have changed.

The original English refers to 'Conditions Precedent'. This was then translated as 'Van tevoren te vervullen voorwaarden' and changed by the Flemish party to 'Voorafgaande Formaliteiten'. Are these different, or are they still 'Conditions Precedent'?
Lucy Simpson
Local time: 16:24
English translation:prior formalities
Explanation:
I'd be tempted to go for this. conditions and formalities are too different imho. Judging by the context of the Flemish text.

GENERAL CONDITIONS OF RESERVATION AND OF SALE
... ART. XIV - PRIOR FORMALITIES The customer shall bear full responsibility for all declarations or requests for prior authorization such as may be necessary and ...
www.fiap.asso.fr/uk/reservations/UK_condition.htm -

IP: French law encouraging key escrow encryption
... regard to the aforementioned interests, do not require the prior authorization of these transactions; c) the waiver of all prior formalities for transactions ...
www.interesting-people.org/archives/ interesting-people/199605/msg00025.html

7.1.12. Er is geen reden om in de aanhef te verwijzen naar de regeling die voorafgaande formaliteiten (advies, voordracht, overleg, enz.) voorschrijft, wanneer in de aanhef wordt vastgesteld dat aan die formaliteiten is voldaan
http://www.google.be/search?q=cache:-KvNLKh8ACYJ:www.raadvst...
Selected response from:

writeaway
Local time: 17:24
Grading comment
Hm, because there are two schools of thought here, I think I'm going to have to footnote this one, leaving it as Conditions Precedent (as per Jarry's suggestion) but pointing out that the other party has suggested 'prior formalities' and see if they agree.
2 KudoZ points were awarded for this answer

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Summary of answers provided
3 +3prior formalities
writeaway
4Conditions precedentxxxjarry


  

Answers


23 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +3
prior formalities


Explanation:
I'd be tempted to go for this. conditions and formalities are too different imho. Judging by the context of the Flemish text.

GENERAL CONDITIONS OF RESERVATION AND OF SALE
... ART. XIV - PRIOR FORMALITIES The customer shall bear full responsibility for all declarations or requests for prior authorization such as may be necessary and ...
www.fiap.asso.fr/uk/reservations/UK_condition.htm -

IP: French law encouraging key escrow encryption
... regard to the aforementioned interests, do not require the prior authorization of these transactions; c) the waiver of all prior formalities for transactions ...
www.interesting-people.org/archives/ interesting-people/199605/msg00025.html

7.1.12. Er is geen reden om in de aanhef te verwijzen naar de regeling die voorafgaande formaliteiten (advies, voordracht, overleg, enz.) voorschrijft, wanneer in de aanhef wordt vastgesteld dat aan die formaliteiten is voldaan
http://www.google.be/search?q=cache:-KvNLKh8ACYJ:www.raadvst...

writeaway
Local time: 17:24
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 12
Grading comment
Hm, because there are two schools of thought here, I think I'm going to have to footnote this one, leaving it as Conditions Precedent (as per Jarry's suggestion) but pointing out that the other party has suggested 'prior formalities' and see if they agree.

Peer comments on this answer (and responses from the answerer)
agree  Robert Kleemaier: 'preliminary formalities' perhaps?
22 mins

agree  Els Thant, M.A., B.Tr.: formaliteiten en voorwaarden zijn idd. niet hetzelfde hier
1 hr

agree  Lawyer-Linguist: especially since the purpose of a back translation is normally for the parties to determine whether the initial translation was correct
4 days
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Conditions precedent


Explanation:
In my opinion that was and is the correct English terminology.
See for instance: http://66.102.9.104/search?q=cache:J3dcMk_zvbEJ:history.cer....

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Note added at 3 hrs 13 mins (2004-12-07 19:52:45 GMT)
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http://www.agora.pl/agora_eng/2068071,26139,945507.html

http://www.goldfields.co.za/default.asp?PathId=Media/Top_Sto...

Remaining conditions precedent and withdrawal of cautionary announcement
The definitive agreements in relation to the Transaction (“Transaction Agreements”) have been signed and although shareholders should note that implementation of the Transaction is still subject to the fulfilment of the conditions precedent reflected below, shareholders are no longer required to exercise caution when dealing in the securities of the respective companies.
The remaining conditions precedent to which implementation of the Transaction is subject are, inter alia, as follows:
4.1 the formal approval of the JSE for the listing of the Mvela Resources ordinary shares to be issued in terms of the Equity Placement; and
4.2 the implementation of certain of the Transaction Agreements in accordance with their terms.

xxxjarry
South Africa
Local time: 17:24
Specializes in field
Native speaker of: English
PRO pts in category: 20
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