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inadimplento

English translation: non-performance

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:inadimplento
English translation: non-performance
Entered by: Hermeneutica
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21:50 Dec 6, 2004
Portuguese to English translations [PRO]
Law/Patents - Law: Contract(s) / Civil law
Portuguese term or phrase: inadimplento
Text reads:

"Uma vez mais o XXX insiste em deixar de observar o rito procedimental da rescisão do Aditamento 09 ao Contrato NNN/78, por inadimplemento contratual confessado."

Is this just "breach of contract" or is there a special denomination, i.e. is it specifically based on the Brocard Inadimplenti non est adimplendum ("One has no need to respect his obligation if the counter-party has not respected its own")?

Answer needed for job delivery tomorrow, many thanks in advance!
Hermeneutica
Switzerland
Local time: 07:43
awknowledges non-performance of contract
Explanation:
cheers...I would say non-performance of contract rather than breach of contract....the confessado means the party has acknowledged their act.

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Note added at 3 mins (2004-12-06 21:53:48 GMT)
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acknowledgeD
Selected response from:

Jane Lamb-Ruiz
Grading comment
Thanks Jane, you helped clear the cobwebs, although it did not become 100% certain until the last para, ain't it always the way!!
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +3awknowledges non-performance of contractJane Lamb-Ruiz
4repudiation; repudiatory breach of contractxxxKirstyMacC


Discussion entries: 3





  

Answers


3 mins   confidence: Answerer confidence 5/5 peer agreement (net): +3
awknowledges non-performance of contract


Explanation:
cheers...I would say non-performance of contract rather than breach of contract....the confessado means the party has acknowledged their act.

--------------------------------------------------
Note added at 3 mins (2004-12-06 21:53:48 GMT)
--------------------------------------------------

acknowledgeD

Jane Lamb-Ruiz
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in category: 155
Grading comment
Thanks Jane, you helped clear the cobwebs, although it did not become 100% certain until the last para, ain't it always the way!!

Peer comments on this answer (and responses from the answerer)
agree  Susanne Rindlisbacher
2 hrs

agree  Donna Sandin: you meant to write "acknowledgED" I'm sure..
2 hrs

agree  Doris Cook
15 hrs
Login to enter a peer comment (or grade)

11 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
repudiation; repudiatory breach of contract


Explanation:
Some ProZ Commers misunderstand the nature of repudiation of contract in Eng. contract law, so do not accept this answer.

It's not denying, but unilateral breach. If the other side not in breach accepts the act of repudiation, the contract goes on. If not, the contract is at ane end.

'... A repudiation, or more accurately a repudiatory breach of a contract, can occur when a party intimates by words or conduct that it does not intend to honour ...'



    Reference: http://www.brewerconsulting.co.uk/cases/CJ0201RR.htm
xxxKirstyMacC
Local time: 06:43
Native speaker of: Native in EnglishEnglish
PRO pts in category: 32
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