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la extinción de personalidad jurídica quiebra

English translation: dissolution of incorporation (as a legal entity)...

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14:51 Apr 29, 2008
Spanish to English translations [PRO]
Bus/Financial - Business/Commerce (general)
Spanish term or phrase: la extinción de personalidad jurídica quiebra
"Serán causa de resolución la extinción de personalidad jurídica quiebra, concurso de acreedores o suspensión de pagos del Cliente, así cómo el incumplimiento de las Obligaciones recogidas en el presente documento por cualquiera de las dos partes"

Please help!
:-)
Comunican
United Kingdom
Local time: 01:16
English translation:dissolution of incorporation (as a legal entity)...
Explanation:
I think this may foot the bill, but can't be 100% sure.
Selected response from:

Giovanni Rengifo
Colombia
Local time: 19:16
Grading comment
Thanks Giovanni - when you confirmed the missing comma, I understood the sentence! And, rightly or wrongly, I put "ending of legal status, bankruptcy or filing for bankruptcy protection" :-)
4 KudoZ points were awarded for this answer

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Summary of answers provided
4expiration of corporate existence, bankruptcy
patri_2911
4loss of legal capacity
Álida Gándara
4settlement of corporate bankruptcy
Jess Hanna
4 -1the loss of legally recognised solvency
Edward Tully
2dissolution of incorporation (as a legal entity)...
Giovanni Rengifo
1Dissolution of incorporation
Andy Watkinson


Discussion entries: 2





  

Answers


43 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5
dissolution of incorporation (as a legal entity)...


Explanation:
I think this may foot the bill, but can't be 100% sure.

Giovanni Rengifo
Colombia
Local time: 19:16
Works in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 159
Grading comment
Thanks Giovanni - when you confirmed the missing comma, I understood the sentence! And, rightly or wrongly, I put "ending of legal status, bankruptcy or filing for bankruptcy protection" :-)

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: this is DEFINITELY the right idea, but I'm unhappy with "dissolution" - I think we are lloking at the situation where a trader ceases to be a Company (but not through winding-up - the word needed is the opposite to "incorporation")
5 hrs

neutral  Andy Watkinson: I agree with Allegro. Unfortunately, under Chapter 13 "Disincorporation" isn't an option as the meaning is entirely different.
8 hrs
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50 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
the loss of legally recognised solvency


Explanation:
this sentence seems a little "back to front" you could say "causes for termination shall be the entering into of..." just as well IMHO!

Edward Tully
Local time: 02:16
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 609

Peer comments on this answer (and responses from the answerer)
disagree  Andy Watkinson: Giovanni Rengifo: 2:52pm Apr 29, 2008 : For what it's worth, there's a comma missing after "jurídica". // "Actually", Edward, there is. Please see note below.
51 mins
  -> actually, no there is not!

neutral  AllegroTrans: Cannot for the life of me think what "legally recognised solvency" is - if one is solvent one is solvent one is solvent - it's only when you go bust that the law steps in//I was NOT referring to the Police, but to insolvency law..was this not obvious?
2 hrs
  -> generally, "legal" refers to the law, not to the police! Please contact me directly if you have any other "beginner" questions!
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53 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
settlement of corporate bankruptcy


Explanation:
I think this may fit, but may need to check with the context of the rest of the translation.

Jess Hanna
Local time: 17:16
Specializes in field
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
neutral  Andy Watkinson: Giovanni Rengifo: 2:52pm Apr 29, 2008 : For what it's worth, there's a comma missing after "jurídica".
48 mins
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
loss of legal capacity


Explanation:
I wouldn't refer to a term related to corporations because the texts refers to the "legal capacity of the Client"; at this point I couldn't tell if said client is a natural of artiificial person.

http://www.answers.com/legal capacity?cat=biz-fin
The capacity of both natural and artificial persons determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will. Capacity is an aspect of status and both are defined by a person's personal law:

for natural persons, the law of domicile or lex domicilii in common law states, and either the law of nationality or lex patriae, or of habitual residence in civil law states;
for artificial persons, the law of the place of incorporation, the lex incorporationis for companies while other forms of business entity derive their capacity either from the law of the place in which they were formed or the laws of the states in which they establish a presence for trading purposes depending on the nature of the entity and the transactions entered into.
When the law limits or bars a person from engaging in specified activities, any agreements or contracts to do so are either voidable or void for incapacity. Sometimes such legal incapacity is referred to as incompetence. For comparison, see Competence (law).



L&K Patent Firm- Traducir
Article 8 (Non-extinguishment of ... prin- cipal, the death or loss of legal capacity of the legal representative, or ... About Us Related Links Q & A E-mail ...
www.lnkpatent.com/eng/board/view.asp?menu=p1&pnum=1&spage=1... - En caché
5.Advocacy Service Aberdeen- Traducir
... to welfare matters (which can only come into effect after loss of legal capacity) ... that it is intended to continue after loss of legal capacity ...
www.advocacy.org.uk/html/coworkers.html - En caché
6.[PDF] of adults



I also found "extinction of legal capacity" but in my opinion this "loss of Legal capacity" conveys the right idea.

HTH



Álida Gándara
Mexico
Local time: 19:16
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 12
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
expiration of corporate existence, bankruptcy


Explanation:
I think that there is a comma missing between personalidad jurídica and quiebra. They are two different events leading to termination of the subject-matter of the document you're translating.
I think that corporate existence may also terminate upon disolution but companies are also created for a limited period of time so when that period expires, corporate existence comes to an end.

patri_2911
Argentina
Local time: 21:16
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 24
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9 hrs   confidence: Answerer confidence 1/5Answerer confidence 1/5
Dissolution of incorporation


Explanation:
No, I'm not stealing Giovanni's answer ;-)

His interpretation is obviously correct, there IS a comma missing after "jurídica".

For those who evidently have less experience than him, this is virtually a boilerplate clause in any contract listing the "Causes for Termination" of same.

"Escape clauses" we might call them. i.e. if the other Party becomes a liability, or breaches the contract, you want to make sure you are held harmless.

This one is fairly typical of these lists, which usually run thus:

a) La extinción de la personalidad jurídica del contratista.b) La declaración de quiebra, de suspensión de pagos, de concurso de acreedores o el acuerdode quita y espera.c) El mutuo acuerdo entre las partes.d) Las que se establezcan expresamente en el contrato.

Anyone who's translated more than a couple of contracts is familiar with this kind of clause and knows that there is no such thing as “la extinción de personalidad jurídica quiebra”, which makes no sense at all.

Andy


Andy Watkinson
Spain
Local time: 02:16
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 84
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