Aug 2, 2002 21:36
21 yrs ago
123 viewers *
Spanish term
acuerdo de voluntades
Spanish to English
Law/Patents
non-disclosure agreement
Cuando la naturaleza de la información así lo permita, la entrega de la información confidencial, materia de este acuerdo de voluntades, se dará mediante escritos del tipo denominado memorandum.
Sería:
willingness agreement?
Sería:
willingness agreement?
Proposed translations
(English)
5 +5 | memorandum of understanding |
Jane Lamb-Ruiz (X)
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4 +7 | meeting of minds |
Terry Burgess
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5 +2 | agreement |
Paul Slocomb
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4 | ( definitely some kind of memorandum) |
R.J.Chadwick (X)
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4 | subject we agreed upon... |
Rosa Garcia
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2 +1 | voluntary agreement |
gcaddy
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Proposed translations
+5
4 mins
Selected
memorandum of understanding
or agreement in principle
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Note added at 2002-08-02 21:55:53 (GMT)
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Believe me,. this is know as a MOU, and they even say it in the paragraph.
Whenever the nature of the information so allows, the delivery of confidential information, which is the purpose of this agreement , shall be in the form of a memorandum of understanding.
You don;t need to say written, that\'s understood in the memorandum.
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Note added at 2002-08-02 21:55:53 (GMT)
--------------------------------------------------
Believe me,. this is know as a MOU, and they even say it in the paragraph.
Whenever the nature of the information so allows, the delivery of confidential information, which is the purpose of this agreement , shall be in the form of a memorandum of understanding.
You don;t need to say written, that\'s understood in the memorandum.
4 KudoZ points awarded for this answer.
Comment: "It was hard to decide. Thanks Paul for you explanation! R.J.Chadwick nothing boring, but illustrative!
The entire document is "Overblown". I'll keep it simple, as Paul said. Thanks a million to All! This is a fantastic place to ask! A lot to learn. Good night to all! Beatriz"
+2
4 mins
agreement
Or contract. The Spanish is just overblown. It suggests something like "meeting of the minds", but I'd keep it simple.
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Note added at 2002-08-03 13:44:58 (GMT)
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Seems I\'ve stirred up, or participated in stirring up, a bit of controversy on this one. That\'s a good thing. So here\'s a bit more fuel for the fire.
In standard contract theory and analysis, a \"meeting of the minds\" is not a contract. Rather, it is one of the elements essential to the formation of a contract. So translating \"acuerdo de voluntades\" as \"meeting of the minds\" (perhaps the most literal translation) doesn\'t make sense in this context.
\"Memorandum of understanding\" is closer. But the text doesn\'t say this is a memorandum. The later reference to \"memorandum\" doesn\'t describe the nature of the arrangement. Rather, it provides for the form in which certain steps in its performance will be instrumented. Indeed, the appearance of the word \"memorandum\" suggests that the author well knew what a memorandum is, and chose not to use the term when naming the arrangement. Thus, \"memorandum of understanding\" doesn\'t make sense in context.
\"Voluntary agreement\" also doesn\'t make sense. All enforceable agreements are voluntary. If you hold a gun to my head and make me sign a document transferring my house to you in consideration for your undertaking to make deferred payment, the result may be a piece of paper that looks like a contract, but it is deficient because it lacks one of the essential elements for formation of a contract--voluntad.
It is in this sense that I said originally that the Spanish is overblown. \"De voluntades\" is superfluous in context. We\'re left with just \"acuerdo\"--agreement or contract.
Perhaps the most important notion here is that calling an agreement an agreement in principle, or a memorandum of understanding, or a preliminary agreement, or anything else doesn\'t make it anything less than a contract. It is an agreement binding the parties to do whatever they agree to in the document.
In my practice I often advised clients not to touch a memorandum of understanding with a ten foot pole. Not because such an agreement isn\'t binding, but because there is such a common perception that it isn\'t. The problem is that memoranda of understanding typically bind one not to sell, or to render services, etc., but rather to negotiate to conclude ANOTHER agreement. Whether one has properly performed such an obligation to negotiate is not a trivial inquiry, turning as it does on slippery concepts like good faith, etc. Much better to use something like a standstill agreement providing that one won\'t take certain actions or negotiate with anyone else for a period of time. Calling it that doesn\'t change the fact that it\'s an agreement, pure and simple, but does at least tend to focus the parties on what it is they\'re really up to.
--------------------------------------------------
Note added at 2002-08-03 13:44:58 (GMT)
--------------------------------------------------
Seems I\'ve stirred up, or participated in stirring up, a bit of controversy on this one. That\'s a good thing. So here\'s a bit more fuel for the fire.
In standard contract theory and analysis, a \"meeting of the minds\" is not a contract. Rather, it is one of the elements essential to the formation of a contract. So translating \"acuerdo de voluntades\" as \"meeting of the minds\" (perhaps the most literal translation) doesn\'t make sense in this context.
\"Memorandum of understanding\" is closer. But the text doesn\'t say this is a memorandum. The later reference to \"memorandum\" doesn\'t describe the nature of the arrangement. Rather, it provides for the form in which certain steps in its performance will be instrumented. Indeed, the appearance of the word \"memorandum\" suggests that the author well knew what a memorandum is, and chose not to use the term when naming the arrangement. Thus, \"memorandum of understanding\" doesn\'t make sense in context.
\"Voluntary agreement\" also doesn\'t make sense. All enforceable agreements are voluntary. If you hold a gun to my head and make me sign a document transferring my house to you in consideration for your undertaking to make deferred payment, the result may be a piece of paper that looks like a contract, but it is deficient because it lacks one of the essential elements for formation of a contract--voluntad.
It is in this sense that I said originally that the Spanish is overblown. \"De voluntades\" is superfluous in context. We\'re left with just \"acuerdo\"--agreement or contract.
Perhaps the most important notion here is that calling an agreement an agreement in principle, or a memorandum of understanding, or a preliminary agreement, or anything else doesn\'t make it anything less than a contract. It is an agreement binding the parties to do whatever they agree to in the document.
In my practice I often advised clients not to touch a memorandum of understanding with a ten foot pole. Not because such an agreement isn\'t binding, but because there is such a common perception that it isn\'t. The problem is that memoranda of understanding typically bind one not to sell, or to render services, etc., but rather to negotiate to conclude ANOTHER agreement. Whether one has properly performed such an obligation to negotiate is not a trivial inquiry, turning as it does on slippery concepts like good faith, etc. Much better to use something like a standstill agreement providing that one won\'t take certain actions or negotiate with anyone else for a period of time. Calling it that doesn\'t change the fact that it\'s an agreement, pure and simple, but does at least tend to focus the parties on what it is they\'re really up to.
Peer comment(s):
disagree |
R.J.Chadwick (X)
: "Acuerdo de voluntades" has a precise meaning and is most often used in the same sense as "Memorandum of understanding"
7 hrs
|
agree |
Antonio Castillo González
13 hrs
|
agree |
Bob Haskell
: Judging from the context of a document I'm working on, which is obviously a contract, and which uses "el presente acuerdo de voluntades", I feel fairly sure that the best translation is simply "agreement". Your explanation is most helpful, by the way.
1378 days
|
agree |
DStaaldienst (X)
4212 days
|
+7
5 mins
meeting of minds
Odd though it may sound Beatriz, I get this same translation from 2 different reliable dictionaries---the Cabanellas-Hoague and the Orellana.
Luck!
terry
Luck!
terry
Reference:
Peer comment(s):
agree |
Robert INGLEDEW
: Louis Robb also agrees with you.
29 mins
|
Thanks Robert!...and it does appear as a "legal" term.
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agree |
claudia bagnardi
: used it thousands of times, Terry
1 hr
|
Thank you muchly Claudia:-)))
|
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agree |
Henry Hinds
: Also what I was going to say.
2 hrs
|
Thanks Henry:-)))
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agree |
Ra91571
: It also appears in the Thomas West Law Dict.... maybe you're on to something!
2 hrs
|
Thank you Ra91571!...I sure hope so:-)))
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agree |
Rafa Lombardino
2 hrs
|
Muchísimas gracias linda:-)))
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agree |
Damian Cassani
4 hrs
|
disagree |
R.J.Chadwick (X)
: Peace! But .... "Acuerdo de voluntades" has a precise meaning and is most often used in the same sense as "Memorandum of understanding". And more peace!
7 hrs
|
agree |
Antonio Castillo González
: In my experience as a former company manager, where I had to sign numerous contracts, "acuerdo de voluntades" normally stands for "meeting of the minds".
13 hrs
|
neutral |
Russell Gillis
: This may be the translation from a dictionary, but there are two problems with it: 1. This is referring to a document, not a meeting. 2. "Meeting" does not imply there was any kind of agreement (they could have argued the entire time).
17 hrs
|
agree |
Pablo Tarantino
22 hrs
|
+1
6 mins
voluntary agreement
Willingness agreement doesn't sound right. Is it a voluntary agreement - one that both sides enter into without any tight restrictions?
Peer comment(s):
agree |
R.J.Chadwick (X)
: That is part of the sense.
7 hrs
|
7 hrs
( definitely some kind of memorandum)
I believe that Ms. Jane Lamb Ruiz has the correct answer.
I have looked at a number of net documents in Spanish and English respectively -- and it seems to me that in Spanish the phrase "acuerdo de voluntades" can be used in at least three related ways: (1) treaty (2) high level institutional agreement (3) contract -- and that the latter sense (3) is relatively rare.
Because the text here specifically uses the word "memorandum" then the most appropriate translation would be "memorandum of understanding" which, in English covers the first two meaings.
At the risk of being very boring, here is a sample of the raw data (5 examples in Spanish followed by 5 in English):-
El contrato internacional es un acuerdo de voluntades entre dos o más personas físicas o morales domiciliadas en diferentes países, mediante el cual se ... (http://www.bancomext.com/Bancomext/aplicaciones/Guiaexp/docu...}
... por la Secretaría Distrital de Salud, en el entendido que de ésta manera quedó trabado, conforme las normas civiles y comerciales, el acuerdo de voluntades. ...
(http://www.fedesoft.org/servafiliados/acuerdo_137.htm)
TRATADOS QUE CHILE MANTIENE CON DISTINTOS PAISES. INTRODUCCION. Un tratado es un Acuerdo de Voluntades que un país puede suscribir con otro, en este caso sería ...
(http://www.mintrab.gob.cl/interiores/relaciones_internac_03.... )
... En el derecho español, por tanto, para la transmisión de la propiedad en una compraventa se exige: 1) el acuerdo de voluntades (contrato); y 2) la entrega de ... (http://es.biz.yahoo.com/taxes/faq/consultas52.html )
... obligación adquirida por Publicar SA, de permitir que el usuario de la línea telefónica apareciera en el Directorio Telefónico, es un acuerdo de voluntades ... (http://www.sic.gov.co/Tramites/Conceptos/Concepto00011602.ht... )
MEMORANDUM OF UNDERSTANDING BETWEEN THE US DEPARTMENT OF COMMERCE AND INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS. I. PARTIES. ...
http://www.ntia.doc.gov/ntiahome/domainname/icann-memorandum... (Search within this site)
... Committee (IAHC) is the task force that developed this private-sector framework. Generic Top Level Domain Memorandum of Understanding ...
http://www.gtld-mou.org/ (Search within this site)
UNIVERSITY OF CALIFORNIA AND UNIVERSITY COUNCIL - AMERICAN FEDERATION
OF TEACHERS PROFESSIONAL LIBRARIAN UNIT MEMORANDUM OF UNDERSTANDING ...
http://www.ucop.edu/humres/contracts/lib/ (Search within this site)
... MEMORANDUM OF UNDERSTANDING AMONG THE ANIMAL AND PLANT HEALTH INSPECTION SERVICE US DEPARTMENT OF AGRICULTURE AND THE FOOD AND DRUG ADMINISTRATION US ...
http://grants1.nih.gov/grants/olaw/references/finalmou.htm
SPECIAL: Inspecting Iraq. Memorandum of Understanding between the United Nations and the Republic of Iraq. ...
http://www.cnn.com/WORLD/9802/23/un.iraq.agreement/
I have looked at a number of net documents in Spanish and English respectively -- and it seems to me that in Spanish the phrase "acuerdo de voluntades" can be used in at least three related ways: (1) treaty (2) high level institutional agreement (3) contract -- and that the latter sense (3) is relatively rare.
Because the text here specifically uses the word "memorandum" then the most appropriate translation would be "memorandum of understanding" which, in English covers the first two meaings.
At the risk of being very boring, here is a sample of the raw data (5 examples in Spanish followed by 5 in English):-
El contrato internacional es un acuerdo de voluntades entre dos o más personas físicas o morales domiciliadas en diferentes países, mediante el cual se ... (http://www.bancomext.com/Bancomext/aplicaciones/Guiaexp/docu...}
... por la Secretaría Distrital de Salud, en el entendido que de ésta manera quedó trabado, conforme las normas civiles y comerciales, el acuerdo de voluntades. ...
(http://www.fedesoft.org/servafiliados/acuerdo_137.htm)
TRATADOS QUE CHILE MANTIENE CON DISTINTOS PAISES. INTRODUCCION. Un tratado es un Acuerdo de Voluntades que un país puede suscribir con otro, en este caso sería ...
(http://www.mintrab.gob.cl/interiores/relaciones_internac_03.... )
... En el derecho español, por tanto, para la transmisión de la propiedad en una compraventa se exige: 1) el acuerdo de voluntades (contrato); y 2) la entrega de ... (http://es.biz.yahoo.com/taxes/faq/consultas52.html )
... obligación adquirida por Publicar SA, de permitir que el usuario de la línea telefónica apareciera en el Directorio Telefónico, es un acuerdo de voluntades ... (http://www.sic.gov.co/Tramites/Conceptos/Concepto00011602.ht... )
MEMORANDUM OF UNDERSTANDING BETWEEN THE US DEPARTMENT OF COMMERCE AND INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS. I. PARTIES. ...
http://www.ntia.doc.gov/ntiahome/domainname/icann-memorandum... (Search within this site)
... Committee (IAHC) is the task force that developed this private-sector framework. Generic Top Level Domain Memorandum of Understanding ...
http://www.gtld-mou.org/ (Search within this site)
UNIVERSITY OF CALIFORNIA AND UNIVERSITY COUNCIL - AMERICAN FEDERATION
OF TEACHERS PROFESSIONAL LIBRARIAN UNIT MEMORANDUM OF UNDERSTANDING ...
http://www.ucop.edu/humres/contracts/lib/ (Search within this site)
... MEMORANDUM OF UNDERSTANDING AMONG THE ANIMAL AND PLANT HEALTH INSPECTION SERVICE US DEPARTMENT OF AGRICULTURE AND THE FOOD AND DRUG ADMINISTRATION US ...
http://grants1.nih.gov/grants/olaw/references/finalmou.htm
SPECIAL: Inspecting Iraq. Memorandum of Understanding between the United Nations and the Republic of Iraq. ...
http://www.cnn.com/WORLD/9802/23/un.iraq.agreement/
19 hrs
subject we agreed upon...
sounds like materia (informacion confidencial) is the subject upon which they all agree shal be transmited thru a memorandum.
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