retirando cada parte su ejemplar en un mismo tenor y efecto

English translation: both parties retaining their counterpart, each of which is considered an original

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:retirando cada parte su ejemplar en un mismo tenor y efecto
English translation:both parties retaining their counterpart, each of which is considered an original
Entered by: Rebecca Jowers

21:08 Oct 13, 2015
Spanish to English translations [PRO]
Bus/Financial - Real Estate / lease
Spanish term or phrase: retirando cada parte su ejemplar en un mismo tenor y efecto
From a (supplemental) ease agreement from Paraguya.

"DADO y firmado en el lugar y fechas señalados más arriba, retirando cada parte su ejemplar en un mismo tenor y efecto."
AliciaJuana
Philippines
both parties retaining their counterpart, each of which is considered an original
Explanation:
“Ejemplar en un mismo tenor y efecto” (or, more commonly in Spain, “ejemplar a un solo efecto”) is an expression used to indicate that each copy of a contract is considered an original. In English this most often appears in contracts simply as “counterparts, each of which is considered an original”. So I don’t think a literal translation is warranted (“the same tenor and effect”) given that English language contracts generally express this idea as both counterparts being “considered an original.”

Examples:

“This Agreement may be executed in separate counterparts, and such counterparts when executed and delivered shall be an original.”
http://www.drukker.co.uk/publications/reference/counterparts...

“This lease may be executed in any number of counterparts, each of which is considered an original.”
http://unterm.un.org/DGAACS/unterm.nsf/8fa942046ff7601c85256...

“This Memorandum of Understanding may be executed in counterparts, each of which is considered an original but all of which together constitute one instrument.”
http://www.courts.ca.gov/partners/documents/MOU-Template.doc...

“This agreement may be executed in several counterparts, each of which shall be deemed to be original but all of which will collectively constitute one and the same instrument.”
http://clausehound.com/category/agreement-workshop/commercia...

The distinction between “part” and “counterpart” may be UK usage and especially with respect to leases, but it is my understanding that the distinction is not generally made in many modern commercial contracts in English and it is not a feature of civil law contracts. Here are some references in that regard:

“Formerly ‘part’ was used as the opposite of ‘counterpart’ in respect to covenants executed in duplicate, but now each copy is called a ‘counterpart’. (A Dictionary of American and English Law, 1883, p. 927, quoted in Black’s Law Dictionary, 8th ed.)

“Formerly each party to an indenture executed a separate deed; that part which was executed by the grantor was called the original, and the rest the counterparts. It is now usual for all the parties to execute every part, and this makes them all originals.” 2 Bl. Com 296
http://legal-dictionary.thefreedictionary.com/Counterparts
Selected response from:

Rebecca Jowers
Spain
Local time: 04:05
Grading comment
3 KudoZ points were awarded for this answer



Summary of answers provided
4 +2both parties retaining their counterpart, each of which is considered an original
Rebecca Jowers
5each party shall retain their respective copy, of the same tenor and validity.
Maria-Fernanda Escudero
4each party keeping one counterpart of the same tenor and effect
Robert Carter
4each party (both parties) retaining their own copy to the same effect and purpose
David Hollywood
3each party taking their engrossed part (having the same force and effect) of the original
Adrian MM. (X)
Summary of reference entries provided
This might help
Helena Chavarria

  

Answers


15 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
each party taking their engrossed part (having the same force and effect) of the original


Explanation:
not a counterpart as that would be a copy of the original that would be kept by someone else e.g. in EN, a lease is engrossed (drawn up) in two identical *parts*.


    Reference: http://www.proz.com/kudoz/spanish_to_english/law_patents_tra...
Adrian MM. (X)
Local time: 04:05
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 151
Notes to answerer
Asker: Thanks!

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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
each party (both parties) retaining their own copy to the same effect and purpose


Explanation:
http://www.proz.com/kudoz/spanish_to_english/law_contracts/1...

David Hollywood
Local time: 23:05
Native speaker of: Native in EnglishEnglish
PRO pts in category: 79
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Asker: Thanks!

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42 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
each party keeping one counterpart of the same tenor and effect


Explanation:
tenor > wording, text
effect > consequence, force
http://www.proz.com/kudoz/spanish_to_english/law_general/275...
http://www.proz.com/kudoz/spanish_to_english/law_contracts/1...


--------------------------------------------------
Note added at 54 mins (2015-10-13 22:02:50 GMT)
--------------------------------------------------

I defer to your greater knowledge of these terms, Adrian (counterpart & engrossed part), though I believe "force" to be a synonym of "effect", not "tenor".

--------------------------------------------------
Note added at 4 hrs (2015-10-14 01:56:49 GMT)
--------------------------------------------------

"...bonds...issued to the...Company 100 bonds of the township of Pana, of $1,000 each, payable and bearing interest according to the rate aforesaid. All the bonds were of like tenor and effect, except as to their number..." 107 U.S. 529, 2 S.Ct. 704, 27 L.Ed. 424, TOWN OF PANA v. BOWLER and another. 1883.
https://bulk.resource.org/courts.gov/c/US/107/107.US.529.htm...

"After cancelling the subsisting contract of sale, a new contract of the same tenor and effect might immediately be substituted under which it could not be claimed that the insurance company would have any right of subrogation to the purchase price."
http://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article...


Robert Carter
Mexico
Local time: 21:05
Native speaker of: Native in EnglishEnglish
PRO pts in category: 91
Notes to answerer
Asker: Thanks!


Peer comments on this answer (and responses from the answerer)
neutral  Adrian MM. (X): Fair enough. But counterpart suggests a mere copy, the original kept elsewhere (usually by the Landlords in the UK). The 'ejemplares' might be original parts, like an indenture whose sections fit together.
37 mins
  -> Ok Adrian, I understand, though what happened was that I posted this before I saw your entry!
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10 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
both parties retaining their counterpart, each of which is considered an original


Explanation:
“Ejemplar en un mismo tenor y efecto” (or, more commonly in Spain, “ejemplar a un solo efecto”) is an expression used to indicate that each copy of a contract is considered an original. In English this most often appears in contracts simply as “counterparts, each of which is considered an original”. So I don’t think a literal translation is warranted (“the same tenor and effect”) given that English language contracts generally express this idea as both counterparts being “considered an original.”

Examples:

“This Agreement may be executed in separate counterparts, and such counterparts when executed and delivered shall be an original.”
http://www.drukker.co.uk/publications/reference/counterparts...

“This lease may be executed in any number of counterparts, each of which is considered an original.”
http://unterm.un.org/DGAACS/unterm.nsf/8fa942046ff7601c85256...

“This Memorandum of Understanding may be executed in counterparts, each of which is considered an original but all of which together constitute one instrument.”
http://www.courts.ca.gov/partners/documents/MOU-Template.doc...

“This agreement may be executed in several counterparts, each of which shall be deemed to be original but all of which will collectively constitute one and the same instrument.”
http://clausehound.com/category/agreement-workshop/commercia...

The distinction between “part” and “counterpart” may be UK usage and especially with respect to leases, but it is my understanding that the distinction is not generally made in many modern commercial contracts in English and it is not a feature of civil law contracts. Here are some references in that regard:

“Formerly ‘part’ was used as the opposite of ‘counterpart’ in respect to covenants executed in duplicate, but now each copy is called a ‘counterpart’. (A Dictionary of American and English Law, 1883, p. 927, quoted in Black’s Law Dictionary, 8th ed.)

“Formerly each party to an indenture executed a separate deed; that part which was executed by the grantor was called the original, and the rest the counterparts. It is now usual for all the parties to execute every part, and this makes them all originals.” 2 Bl. Com 296
http://legal-dictionary.thefreedictionary.com/Counterparts


Rebecca Jowers
Spain
Local time: 04:05
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 107
Notes to answerer
Asker: Thanks!


Peer comments on this answer (and responses from the answerer)
agree  Billh
18 mins
  -> Thanks Billh

agree  philgoddard
48 mins
  -> Thanks Phil
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1 day 6 hrs   confidence: Answerer confidence 5/5
each party shall retain their respective copy, of the same tenor and validity.


Explanation:
I like this wording better. Hope it helps

Maria-Fernanda Escudero
United States
Local time: 22:05
Works in field
Native speaker of: Native in SpanishSpanish, Native in EnglishEnglish
Notes to answerer
Asker: Thanks!

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Reference comments


17 mins peer agreement (net): +1
Reference: This might help

Reference information:
http://www.proz.com/kudoz/spanish_to_english/law_contracts/1...

http://www.proz.com/kudoz/spanish_to_english/law_patents/160...

http://www.proz.com/kudoz/spanish_to_english/bus_financial/2...

Helena Chavarria
Spain
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24
Note to reference poster
Asker: Thanks!


Peer comments on this reference comment (and responses from the reference poster)
agree  philgoddard
11 hrs
  -> Thank you, Phil :-)
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