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ter-se-ão por realizadas

English translation: shall be considered to have been made

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17:28 Feb 16, 2006
Portuguese to English translations [PRO]
Law/Patents - Law: Contract(s)
Portuguese term or phrase: ter-se-ão por realizadas
Hi! I'm confused by this phrase, as it appears in the paragraph quoted below. I think it means "and shall be considered to have been received", but I'm not 100% sure.

"Excepto se de outro modo previsto no presente contrato, quaisquer comunicações a realizar no âmbito da sua execução serão efectuadas ou por carta registada com aviso de recepção ou por telecópia e ter-se-ão por realizadas, no caso da carta registada na data da sua recepção e no caso da telecópia na data da recepção no posto do destinatário se se verificar até às 17:00 horas ou então no primeiro dia útil seguinte"
Aoife Kennedy
United Kingdom
Local time: 07:09
English translation:shall be considered to have been made
Explanation:
The difference, it's a nuance, but if one party is required to NOTIFY someone else within a certain time frame, it might be hard to prove that they did MAKE that notification on time - so the date of receipt will be used. If you must notify someone by 5:00 p.m. on February 16, but you don't do it until 4:55 P.M., you may think you've complied, but the time of receipt is what will dictate, and that could be later than 5:00 p.m. depending on the means of delivery.

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Note added at 15 mins (2006-02-16 17:44:16 GMT)
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And, in this case, even if you mail your registered letter within the deadline - and your having done so is proven by the post office's stamp on the little coupon, the notificaiton won't be considered as having been made until the recipient receives the letter - which doesn't sound "fair," perhaps, but they needed to establish some sort of criterion.
Selected response from:

Donna Sandin
United States
Local time: 02:09
Grading comment
Great, very helpful indeed! Thanks Donna :)
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +5shall be considered to have been made
Donna Sandin
4shall be construed as effected
telefpro


  

Answers


6 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +5
ter-se-ão por realizadas
shall be considered to have been made


Explanation:
The difference, it's a nuance, but if one party is required to NOTIFY someone else within a certain time frame, it might be hard to prove that they did MAKE that notification on time - so the date of receipt will be used. If you must notify someone by 5:00 p.m. on February 16, but you don't do it until 4:55 P.M., you may think you've complied, but the time of receipt is what will dictate, and that could be later than 5:00 p.m. depending on the means of delivery.

--------------------------------------------------
Note added at 15 mins (2006-02-16 17:44:16 GMT)
--------------------------------------------------

And, in this case, even if you mail your registered letter within the deadline - and your having done so is proven by the post office's stamp on the little coupon, the notificaiton won't be considered as having been made until the recipient receives the letter - which doesn't sound "fair," perhaps, but they needed to establish some sort of criterion.

Donna Sandin
United States
Local time: 02:09
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 159
Grading comment
Great, very helpful indeed! Thanks Donna :)

Peer comments on this answer (and responses from the answerer)
agree  Lawyer-Linguist: spot on
2 mins

agree  Fiona N�voa: yup
5 mins

agree  Henrique Magalhaes
16 mins

agree  reginalobo
18 mins

agree  António Ribeiro
5 hrs
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
ter-se-ão por realizadas
shall be construed as effected


Explanation:
I woild also suggest this version

telefpro
Local time: 11:39
Specializes in field
Native speaker of: Native in PortuguesePortuguese, Native in EnglishEnglish
PRO pts in category: 32
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