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constituirse en garante solidario

English translation: joint and several guarantor


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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:garante solidario
English translation:joint and several guarantor
Entered by: Virginia Koolhaas
Options:
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15:54 Jan 2, 2012
Spanish to English translations [PRO]
Bus/Financial - Business/Commerce (general)
Spanish term or phrase: constituirse en garante solidario
It is a letter of guarantee issued by a bank
"Por la presente xxx, con domicilio legal en xxxx, ***se constituye en garante solidario*** de la firma xxx hasta la suma de xxx por la ejecución de obra de acuerdo con lo establecido en la cláusula 20 de contrato de fecha ..."

My try: "xxx, having legal domicile at xxx ***hereby becomes joint guarantor*** of xxx.." Any better option would be much appreciated.
Virginia Koolhaas
Uruguay
Local time: 02:12
joint and several guarantor
Explanation:
joint and several guarantor

http://www.linguee.com/english-spanish/search?source=auto&qu...
Selected response from:

Barbara L Pavlik
United Kingdom
Local time: 06:12
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +2hereby have joint and several liabilityHelena Chavarria
3 +1joint and several guarantor
Barbara L Pavlik
Summary of reference entries provided
Joint
AFFlo

Discussion entries: 5





  

Answers


15 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
hereby have joint and several liability


Explanation:
I've only found "joint and several guarantor" as translations.

Joint and several liability

Under joint and several liability or all sums, a claimant may pursue an obligation against any one party as if they were jointly liable and it becomes the responsibility of the defendants to sort out their respective proportions of liability and payment. This means that if the claimant pursues one defendant and receives payment, that defendant must then pursue the other obligors for a contribution to their share of the liability.
Joint and several liability is most relevant in tort claims, whereby a plaintiff may recover all the damages from any of the defendants regardless of their individual share of the liability. The rule is often applied in negligence cases, though it is sometimes invoked in other areas of law.
In the United States, 46 of the 50 states have a rule of joint and several liability, although in response to "tort reform" efforts, some have limited the applicability of the rule.

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Note added at 20 mins (2012-01-02 16:15:01 GMT)
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joint and several liability
Definition
Together and in separation liability. In joint and several agreements, the liability for default is enforceable against all of the signatories as a group (not necessarily on a proportional or pro-rata basis), or against any one of them as an individual at the choice of the enforcing party. See also jointly and severally.

http://www.businessdictionary.com/definition/joint-and-sever...


    Reference: http://en.wikipedia.org/wiki/Joint_and_several_liability
Helena Chavarria
Local time: 07:12
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 39

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: problem here is, we don't have any mention of another guarantor in the asker's text
2 mins
  -> Although I'm no lawyer, I do know that "solidario" is usually translated as "joint and several", as in "administrador solidario" - even if it's one person. I have never asked the reason why because, as I say, I'm "just" a translator"

agree  AFFlo
2 hrs
  -> Thank you very much!

agree  Rosa Paredes: Es solidario en relación a la firma.
3 hrs
  -> Thank you very much!
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44 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
joint and several guarantor


Explanation:
joint and several guarantor

http://www.linguee.com/english-spanish/search?source=auto&qu...

Barbara L Pavlik
United Kingdom
Local time: 06:12
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 8

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: best option, since "liability" often extends to torts; this is simply contractual
5 hrs
  -> Thanks :)
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Reference comments


32 mins peer agreement (net): +1
Reference: Joint

Reference information:
joint


Definition
Pertaining to multiple parties on the same side of an agreement or transaction.

A mí joint guarantor me suena bien en cuanto al concepto de "joint," pero la verdad es que no encontré ejemplos de "joint guarantor" (aunque sí vi "joint guarantee") .


    Reference: http://www.investorwords.com/2659/joint.html
AFFlo
Argentina
Works in field
Native speaker of: Native in SpanishSpanish

Peer comments on this reference comment (and responses from the reference poster)
neutral  Helena Chavarria: I've always been told that "joint" is "mancomunado".
7 mins
  -> Well, I found it again as "solidario/a." http://iate.europa.eu/iatediff/SearchByQuery.do?method=searc...
agree  Krassi Kostova
1 day7 hrs
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