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  3. Law: Contract(s)

para [...] oferecerem este [...] produzir os seus efeitos

English translation: for [...] providing it [...] become effective

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:para [...] oferecerem este [...] produzir os seus efeitos
English translation:for [...] providing it [...] become effective
Entered by: rhandler

19:06 Oct 18, 2007
Portuguese to English translations [PRO]
Law/Patents - Law: Contract(s)
Portuguese term or phrase: para [...] oferecerem este [...] produzir os seus efeitos
This is from the 'Direito de resolução' clause of a contract.

Firstly, have I isolated the clause correctly in the term I've posted? Secondly what is the subject of "oferecerem"?

Here is the full sentence:
Se a primeira contraente pretender exercer o seu direito de resolução comunicará essa sua intenção à segunda contraente, fixando-lhe um prazo, não inferior a 15 (quinze) dias nem superior a 30 (trinta) dias, PARA, sem prejuízo da sua responsabilidade pela eventual mora no cumprimento, OFERECEREM ESTE, sob pena de, esgotado o prazo fixado, se haver o incumprimento por definitivo e a resolução do contrato PRODUZIR OS SEUS EFEITOS, sem necessidade de quaisquer outras formalidades, no primeiro dia seguinte ao termo daquele prazo.
tom_michell
United Kingdom
Local time: 09:44
for [...] providing it [...] become effective
Explanation:
Yes, if you want a translation only for the terms you isolated.

The subject of "oferecerem" is "segunda contraente" (therefore, it should be "oferecer", not "oferecerem").

The object of "oferecerem" is the great mistery. What should the Second Party provide? We lack context, but I'd say the Second Party should provide a remedy or a compensation for the contract breach.

Here's how I'd translate the full text:

"Should the First Party intend to exercise its right of termination, it shall notify the Second Party of such intent, ascribing the Second Party a term - neither less than 15 days nor more than 30 days - for providing it, notwithstanding its liability for occasional default. At the enf of the ascribed term, the breach shall be deemed as final and the termination of the Contract become effective regardless of any other formalities, on the first day following the end of such term."
Selected response from:

rhandler
Local time: 05:44
Grading comment
Thanks for helping to untangle this one. This is the second contract I've done for this client and, aside from the grammatical error in the ST, elsewhere in these there are clear signs of cutting and pasting some clauses from other documents. Your instinct on what the second party should provide was the same as mine but there is simply nothing in the previous paragraphs of the text that "este" could be referring back to. It appears to have been orphaned, perhaps because it was originally from a different document.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2for [...] providing it [...] become effective
rhandler


  

Answers


50 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
for [...] providing it [...] become effective


Explanation:
Yes, if you want a translation only for the terms you isolated.

The subject of "oferecerem" is "segunda contraente" (therefore, it should be "oferecer", not "oferecerem").

The object of "oferecerem" is the great mistery. What should the Second Party provide? We lack context, but I'd say the Second Party should provide a remedy or a compensation for the contract breach.

Here's how I'd translate the full text:

"Should the First Party intend to exercise its right of termination, it shall notify the Second Party of such intent, ascribing the Second Party a term - neither less than 15 days nor more than 30 days - for providing it, notwithstanding its liability for occasional default. At the enf of the ascribed term, the breach shall be deemed as final and the termination of the Contract become effective regardless of any other formalities, on the first day following the end of such term."

rhandler
Local time: 05:44
Specializes in field
Native speaker of: Portuguese
PRO pts in category: 621
Grading comment
Thanks for helping to untangle this one. This is the second contract I've done for this client and, aside from the grammatical error in the ST, elsewhere in these there are clear signs of cutting and pasting some clauses from other documents. Your instinct on what the second party should provide was the same as mine but there is simply nothing in the previous paragraphs of the text that "este" could be referring back to. It appears to have been orphaned, perhaps because it was originally from a different document.

Peer comments on this answer (and responses from the answerer)
agree  Humberto Ribas
56 mins
  -> Obrigado, Humberto!
agree  emilia eliseo: AGREE
4 hrs
  -> Obrigado, emilia!
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