drafting party
Italian translation: La parte scrivente
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| 00:19 Dec 28, 2016 |
| English to Italian translations [PRO] Law/Patents - Law (general) / stipula e accordo | |||||||
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|  Selected response from: Lisa Jane Italy Local time: 14:32 | ||||||
Grading comment
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| Summary of reference entries provided | |||
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| Contra proferentem ("interpretation against the draftsman") |
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Answers
1 hr confidence: 
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. |
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1 hr confidence: 
peer agreement (net): +1
peer agreement (net): +1parte 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. -------------------------------------------------- Note added at 1 ora (2016-12-28 01:37:53 GMT) -------------------------------------------------- https://www.lawinsider.com/clause/drafting Reference: http://https://www.lawinsider.com/clause/drafting |
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6 hrs confidence: peer agreement (net): +2
peer agreement (net): +2La parte scrivente Explanation: A concise way of saying it. |
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11 hrs confidence:
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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 รจ 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... -------------------------------------------------- Note added at 1 Tag14 Stunden (2016-12-29 14:46:58 GMT) -------------------------------------------------- "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... |
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