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clausola esecutiva

English translation: substantive clause

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Italian term or phrase:clausola esecutiva
English translation:substantive clause
Entered by: John Mifsud
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06:11 Nov 11, 2008
Italian to English translations [PRO]
Bus/Financial - Law: Contract(s)
Italian term or phrase: clausola esecutiva
STIPULARE ACCORDI PRELIMINARI, CONTRATTI DI APPALTO E FORNITURA CON QUALSIASI CLAUSOLA ESECUTIVA, MODIFCATIVA E RISOLUTIVA

From the list of Director duties in a company's Articles of Association. I initially thought this might be 'enforceable clause' but not entirely sure.
Ivana UK
United Kingdom
Local time: 20:21
substantive clause
Explanation:
In law, substantive is used in opposition to the terms "procedural" or "descriptive" to describe laws, clauses etc. Here a distinction is made between the substantive clauses imposing and undertaking specific obligations, and procedural clauses such as termination "risolutiva" and amending "modificativa" clauses.

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Note added at 1 hr (2008-11-11 08:10:19 GMT)
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Further clearer reference
http://books.google.co.uk/books?id=Ob0hdgxrg_cC&pg=PA1&lpg=P...

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Note added at 3 hrs (2008-11-11 09:48:23 GMT)
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I should add that substantive clauses do not only relate to obligations, they also extend to the grant of rights.
Selected response from:

John Mifsud
Malta
Local time: 21:21
Grading comment
Perfect! Thank you John.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5substantive clause
John Mifsud
4enforcement clause
Dominic Currie
3implementation/operational clause
Peter Cox


  

Answers


4 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
implementation/operational clause


Explanation:
suggestions

Peter Cox
Italy
Local time: 21:21
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 232
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
enforcement clause


Explanation:
I have found this translation for "clausola esecutiva" in the Eurlex documents (see link below). Also, a google search of "enforcement clause" + contract comes up with a fair amount of hits.





    Reference: http://www.google.it/search?hl=it&rlz=1G1GGLQ_ITIT297&sa=X&o...
Dominic Currie
Italy
Local time: 21:21
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 63

Peer comments on this answer (and responses from the answerer)
neutral  John Mifsud: In the context of the attribution of powers to directors, with the use of the word "qualsiasi" implying the grant is meant to be broad, limiting the power to signing only enforcement clauses would seem strange. The intended meaning is wider
28 mins
  -> I take your point, and agree that "substantive clause" is probably the most appropriate in this context.
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1 hr   confidence: Answerer confidence 5/5
substantive clause


Explanation:
In law, substantive is used in opposition to the terms "procedural" or "descriptive" to describe laws, clauses etc. Here a distinction is made between the substantive clauses imposing and undertaking specific obligations, and procedural clauses such as termination "risolutiva" and amending "modificativa" clauses.

--------------------------------------------------
Note added at 1 hr (2008-11-11 08:10:19 GMT)
--------------------------------------------------

Further clearer reference
http://books.google.co.uk/books?id=Ob0hdgxrg_cC&pg=PA1&lpg=P...

--------------------------------------------------
Note added at 3 hrs (2008-11-11 09:48:23 GMT)
--------------------------------------------------

I should add that substantive clauses do not only relate to obligations, they also extend to the grant of rights.

Example sentence(s):
  • http://www.csrmedia.com/articles/Reed-GC-KLaw.pdf
John Mifsud
Malta
Local time: 21:21
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in MalteseMaltese
PRO pts in category: 49
Grading comment
Perfect! Thank you John.
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Changes made by editors
Nov 14, 2008 - Changes made by John Mifsud:
Created KOG entryKudoZ term » KOG term


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