drafting party

Italian translation: La parte scrivente

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:drafting party
Italian translation:La parte scrivente
Entered by: Lisa Jane

00:19 Dec 28, 2016
English to Italian translations [PRO]
Law/Patents - Law (general) / stipula e accordo
English term or phrase: drafting party
accordo di separazione tra coniugi. "The parties agree and acknowledge that each party has cooperated in the drafting and preparation of this Agreement, and, accordingly, in any construction or interpretation of this Agreement, it shall not be construed against any party as the drafting party".
Grazie
solveigsong
Local time: 09:53
La parte scrivente
Explanation:
A concise way of saying it.
Selected response from:

Lisa Jane
Italy
Local time: 09:53
Grading comment
grazie
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2La parte scrivente
Lisa Jane
4 +1parte estenditrice dell'accordo/parte che ha steso l'accordo
Rita Sellitti
5person who wrote the agreement
maxsteam
4estensione dell'accordo
Francesco Badolato
Summary of reference entries provided
Contra proferentem ("interpretation against the draftsman")
Silvia Pellacani

  

Answers


1 hr   confidence: Answerer confidence 5/5
person who wrote the agreement


Explanation:
If I wrote out an agreement and asked you to sign, I would have an advantage in the negotiations because I composed the agreement. The sentence is just to state that neither person/party has such an advantage because both people/parties have helped to write the agreement and neither person/party can be viewed as the one who, on their own, wrote the agreement. The sentence can help to remove any suggestion that there was coercion or that the agreement was signed without being read and understood.

If the two parties have different native languages and the agreement is being translated, I would expect some clarification about which language takes precedence. This will usually be for the legal people to discuss but, as translator, you will need to be aware of the situation.

maxsteam
United Kingdom
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
parte estenditrice dell'accordo/parte che ha steso l'accordo


Explanation:
estensore - estenditrice (non com) di un atto, sentenza e sim.

qui: parte che ha steso,compilato,redatto l'accordo

Drafting. The parties agree that this Agreement shall be construed without regard to the drafter of the same and shall be construed as though each party to this Agreement participated equally in the preparation and drafting of this Agreement

. The parties have participated jointly in the negotiation and drafting of this Agreement and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.



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Note added at 1 ora (2016-12-28 01:37:53 GMT)
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https://www.lawinsider.com/clause/drafting



    Reference: http://https://www.lawinsider.com/clause/drafting
Rita Sellitti
Italy
Local time: 09:53
Native speaker of: Native in ItalianItalian
PRO pts in category: 48

Peer comments on this answer (and responses from the answerer)
agree  Silvia Pellacani: Direi: "estensore dell'accordo" https://www.google.it/search?q="drafter" "draftsman" "estens...
1 day 13 hrs
  -> grazie Silvia, nella spiegazione infatti avevo inserito proprio "estensore"
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6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
La parte scrivente


Explanation:
A concise way of saying it.

Lisa Jane
Italy
Local time: 09:53
Native speaker of: Native in EnglishEnglish, Native in ItalianItalian
PRO pts in category: 20
Grading comment
grazie

Peer comments on this answer (and responses from the answerer)
agree  eliper
2 hrs
  -> Grazie!

agree  Silvia Pellacani: EN>ES: drafting party > la parte que redacta http://bit.ly/2hvC9Iy http://www.proz.com/kudoz/english_to_spanish/law_contracts/9...
1 day 2 hrs
  -> Grazie!
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11 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
estensione dell'accordo


Explanation:
... le parti hanno collaborato nell'estensione e nella preparazione dell'accordo ...




"Estensione dell'accordo"
https://www.google.it/search?q=parte estenditrice dell'accordo&gws_rd=cr&ei=CqxjWNHoKsmNgAbQxI-QAw#q=%22estensione+dell%27accordo%22

Francesco Badolato
Italy
Local time: 09:53
Native speaker of: Native in ItalianItalian
PRO pts in category: 431
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Reference comments


1 day 10 hrs
Reference: Contra proferentem ("interpretation against the draftsman")

Reference information:
"Contra proferentem (Latin: "against [the] offeror"),[1] also known as "interpretation against the draftsman", is a doctrine of contractual interpretation providing that, where a promise, agreement or term is ambiguous, the preferred meaning should be the one that works against the interests of the party who provided the wording.[2] The doctrine is often applied to situations involving standardized contracts or where the parties are of unequal bargaining power, but is applicable to other cases.[3]"
https://en.wikipedia.org/wiki/Contra_proferentem

Articolo 1370 Codice Civile - Interpretazione contro l'autore della clausola
"La norma è posta a protezione della parte debole che, nelle ipotesi contemplate, non ha, di regola, alcun potere di influenzare il contenuto del contratto."
http://www.brocardi.it/codice-civile/libro-quarto/titolo-ii/...

Interpretazione del contratto
http://www.dirittoprivatoinrete.it/interpretazione_del_contr...

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Note added at 1 Tag14 Stunden (2016-12-29 14:46:58 GMT)
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"12. Drafting: This Agreement shall not be construed more strictly against one party than the other merely by virtue of the fact that it has been prepared initially by counsel for one of the parties, it being recognized that both the Wife and the Husband and their respective counsel have had a full and fair opportunity to negotiate and review the terms and provisions of this Agreement and to contribute to its substance and form."
CLAUSES TO PROTECT YOUR CLIENTS (AND YOU) - SEPARATION, p.11 http://www.aaml.org/sites/default/files/clauses to protect y...

Silvia Pellacani
Italy
Specializes in field
Native speaker of: Native in ItalianItalian
PRO pts in category: 94
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