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de forma solidária

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03:49 Nov 12, 2007
This question was closed without grading. Reason: Other

Portuguese to English translations [PRO]
Law/Patents - Business/Commerce (general) / In an advance payment guarantee
Portuguese term or phrase: de forma solidária
In most legal and financial contexts this means "jointly and severally," but it doesn't sound right here.

Context: Company A hereby grants a bank guarantee to Company B "de forma solidária".

I've gone through every variation I could think of (mutually binding, binding on all parties, etc.) and none of it sounds quite right to me at the moment. One party can't do something jointly and severally, right? Any thoughts from the experts? Thanks in advance.
Steven Capsuto
United States
Local time: 06:32
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Summary of answers provided
4comprehensively, firmly
Donna Sandin
4joint and several
Paula Vaz-Carreiro
4securely/ firmly
telefpro
3with solidarity; in solidum, severally
Robert Copeland


  

Answers


7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
securely/ firmly


Explanation:
I would suggest this form.

telefpro
Local time: 16:02
Specializes in field
Native speaker of: Native in PortuguesePortuguese, Native in EnglishEnglish
PRO pts in category: 16
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7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
joint and several


Explanation:
Company A hereby grants Company B a joint and several bank guarantee.

I think this is how I usually put it when the original doesn't permit me to use "jointly and severally". However, if you look in google "joint and several" is used a lot, albeit in relation to liability - but it means the same thing.

HTH

S2C2 in December 2000
It was that that persuaded me to take a shareholding in the proposed new company and underwrite the joint and several bank guarantee. ...
www.s2c2.co.uk/monitor/tcm41/tcm41_d.html

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Note added at 7 hrs (2007-11-12 11:09:52 GMT)
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I have just realized I didn't answer your last question.

Jointly and severally: jointly is self-explanatory, severally is not, it took me ages to understand it. In general it means that an obligation may be enforced against all obligators jointly or against any one of them separately.

I think I can sort of see why a bank guarantee would be provided like this, i.e., in a joint and several manner.


Paula Vaz-Carreiro
Local time: 11:32
Works in field
Native speaker of: Native in PortuguesePortuguese, Native in EnglishEnglish
PRO pts in category: 20
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10 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
with solidarity; in solidum, severally


Explanation:
Steven,

I haven't seen this use before, but according to Louis A. Robb these are some other options instead of just jointly and severally.....................

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Note added at 7 hrs (2007-11-12 11:45:13 GMT)
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Steven, I do the same thing sometimes, I rationalize that well if XXX could mean this, then certainly it could mean this as well, etc.... Really, if we are correct, then your suggestion of "as an act of good faith" would be just fine.... I think that telefpro also is sorta on the right track ( to firmly or secure) or to finalyze the deal, etc...... for an act of good faith, I think that you certainly would be ok on this one..... Best of luck to you

Robert Copeland
United States
Local time: 06:32
Works in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 4
Notes to answerer
Asker: Thanks, Robert! I know I'm tired when I forget to pull the Limusa/Robb volume off the shelf! I'd been through every PT dictionary and glossary I have and a few Spanish legal ones, but I completely forgot about this one.

Asker: Assuming it does mean as an act of solidarity, I wonder if it's too much of a stretch to put "as an act of good faith."

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1 day19 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
comprehensively, firmly


Explanation:
In both my personal glossary and one from a law firm I used to work for I found garantia solidaria as
joint, firm, or comprehensive guarantee
firm comprehensive guarantee

it may help

Donna Sandin
United States
Local time: 06:32
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 23
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