siendo su voluntad

English translation: given their willingness to enter into this agreement,

12:00 May 2, 2019
Spanish to English translations [PRO]
Law/Patents - Law (general) / lease agreement
Spanish term or phrase: siendo su voluntad
Hi guys,
Hope you're having a lovely day!
I'm translating a lease agreement from Spanish into English and, on one of the final paragraphs, I came across this expression that I'm not quite sure how to translated.

Con base en lo anterior y ***siendo su voluntad celebrar*** el presente contrato, las partes se someten a las
siguientes:
CLÁUSULAS

My option:

Based on the foregoing and ***giving their will to enter into*** this Agreement, the parties submit to the
following:
PROVISIONS

I believe it means the parties enter into the agreement of their own free will, according to what I found here: https://www.proz.com/kudoz/spanish-to-english/business-comme...
but I don't seem to find a way to fit this prepositional phrase in my translation.

All recommendations are welcomed!

Kind regards,


Melina
Melina Jaimes
Argentina
Local time: 04:49
English translation:given their willingness to enter into this agreement,
Explanation:
Based on the foregoing and given their willingness to enter into this agreement, the parties....

HTH!
Selected response from:

Jean Shearer
Argentina
Local time: 04:49
Grading comment
Though this is the translation I chose, I wish I could give points to everyone, you were all so helpful! Thank you!
4 KudoZ points were awarded for this answer



Summary of answers provided
4given their willingness to enter into this agreement,
Jean Shearer
4expressing their intent
Robert Carter
4as they are willing to
liz askew
4NOW THEREFORE, the parties are desirous to enter into this Agreement and hereby agree as follows:
Nikolaj Widenmann
4considering that the parties desire to
Wilsonn Perez Reyes
3desirous as they are (of entering into this Contract / Agreement)
Adrian MM.


Discussion entries: 2





  

Answers


37 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
given their willingness to enter into this agreement,


Explanation:
Based on the foregoing and given their willingness to enter into this agreement, the parties....

HTH!

Jean Shearer
Argentina
Local time: 04:49
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 24
Grading comment
Though this is the translation I chose, I wish I could give points to everyone, you were all so helpful! Thank you!
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
expressing their intent


Explanation:
An essential element to contract or agreement is the "meeting of minds" ("acuerdo de voluntades"), so what is being established here is that the parties are aware they are entering into a formal bargain governed by those contractual clauses.

https://en.wikipedia.org/wiki/Meeting_of_the_minds

"Based on the foregoing [representations], the parties express their intent to enter into this agreement, subject to the following clauses..."

Robert Carter
Mexico
Local time: 01:49
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1368
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6 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
as they are willing to


Explanation:
https://assets.publishing.service.gov.uk/.../Heads-of-Terms-...
This document sets out the principal terms and conditions on and subject to which the following parties (the Parties) are willing to enter into a Collaboration ...

--------------------------------------------------
Note added at 4 hrs (2019-05-02 16:08:09 GMT)
--------------------------------------------------

p.s.
you don't need to repeat parties, i.e.

since/as the parties are willing to enter into this agreement/contract, they submit to...

liz askew
United Kingdom
Local time: 08:49
Native speaker of: Native in EnglishEnglish
PRO pts in category: 288
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7 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
desirous as they are (of entering into this Contract / Agreement)


Explanation:
*Pursuant to the foregoing (recital(s)*, desirous as they are.....

Don't forget the desire(s), as a time-hono(ured )English legal drafting technique!

We will leave for now any conclude = end or complete vs. (AmE) closing of contract issue for 'celebrar.

Medium CL - confidence level as linguistically, rather than legalistically, not a straight match, in deference to the other contractual intent(ion) etc. points.

NB City of London/UK lawyers dislike a translation as a (binding) Contract, perferring - 'as they do' non-committally on their clients' behalf - the term of (a preliminary) Agreement > see Jean's answer, for reasons that need not be canvassed here.

Example sentence(s):
  • WHEREAS, the City of Lincoln is desirous of entering into a contract with 2 Cornhusker Place, Inc. for protective custody services for those individuals with alcohol and drug 3 abuse problems...

    Reference: http://lincoln.ne.gov/city/council/agenda/2012/110512/12r265...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 574
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13 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
NOW THEREFORE, the parties are desirous to enter into this Agreement and hereby agree as follows:


Explanation:
This is basically a boilerplate phrase that probably comes after the recitals and before the contract provisions. The classic (albeit highly archaic and superfluously formulaic) would read something akin to "NOW, THEREFORE, in consideration of the premises and mutual promises herein contained and for other good and valuable consideration, the parties agree as follows:"
You could probably also just simply write "The parties therefore, intending to enter into this agreement, hereby agree as follows:"

Whether you really want to translate "cláusulas" is up to you; it would also depend on the purpose of the translation.

For all practical legal purposes, a simple "The parties therefore agree as follows" would probably suffice, as Ken Adams suggests (see link below).

The part about "siendo su voluntad" would typically be expressed in the recitals (such as in the link provided by Adrian in his answer) just above the "Now therefore" phrase.

Good luck!


    https://www.adamsdrafting.com/ten-dos-and-donts/
Nikolaj Widenmann
United States
Local time: 01:49
Specializes in field
Native speaker of: Native in DanishDanish, Native in EnglishEnglish
PRO pts in category: 143
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1 day 10 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
considering that the parties desire to


Explanation:
Con base en lo anterior y siendo su voluntad celebrar el presente contrato, las partes se someten a las...

In view of the above, and considering that the parties desire to enter into this contract, they submit to the...

Wilsonn Perez Reyes
El Salvador
Local time: 01:49
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 372
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