siempre que la cedente quede constituida fiadora y codeudora solidaria de la ces

English translation: provided the assignor is established as surety and solidary co-debtor

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03:30 Apr 29, 2018
Spanish to English translations [PRO]
Law/Patents - Law: Contract(s) / Lease Contract
Spanish term or phrase: siempre que la cedente quede constituida fiadora y codeudora solidaria de la ces
La sociedad subarrendataria queda facultada para ceder o subarrendar el presente contrato de arrendamiento a cualquiera de las empresas o personas jurídicas relacionadas o correlacionadas a ella, siempre que la cedente quede constituida fiadora y codeudora solidaria de la cesionaria a favor de la subarrendadora en todas y cada una de las obligaciones de este contrato y que tal cesión o subarrendamiento sea autorizado en forma escrita por la subarrendadora.

"fiadora y codeudora" has been difficult to translate in this context -
"provided that the assignor is set up as surety and co-debtor jointly with the assignee"?

Any comments gratefully accepted. This is from a lease contract, Chile.

Many thanks
Amy Gulvin
New Zealand
Local time: 17:44
English translation:provided the assignor is established as surety and solidary co-debtor
Explanation:
I thought I had the term "obligación solidaria" sewn up a long time ago as "joint and several obligation/liability", but it turns out that "solidary obligation/liability" is the correct term, and it's an important distinction as it additionally allows several creditors to collect the whole amount. I've even participated in a few discussions on here about "solidario" and "mancomunadamente", but to my recollection, nobody brought this up.

What is SOLIDARY?
A term of civil-law origin, signifying that the right or interest spoken of is joint or common. A “solidary obligation” corresponds to a “joint and several” obligation iu the common law; that is, one for which several debtors are bound in such wise that each is liable for the entire amount, and not merely for his proportionate share. But in the civil law the term also includes the case where there are several creditors, as against a common debtor, each of whom is entitled to receive the entire debt and give an acquittance for it.

https://thelawdictionary.org/solidary/

Solidary Obligation Definition:
Civil law: a legal relationship where one or more of several debtors are each liable to pay the entire amount, or one or more of several creditors each able to collect the whole.
Often confused with the common law concept of joint and several liability except that joint and several liability refers only to the exposure of more than one debtor.

http://www.duhaime.org/LegalDictionary/S/SolidaryObligation....

A solidary obligation, or an obligation in solido, is a type of obligation in the civil law jurisprudence that allows either obligors to be bound together, each liable for the whole performance, or obligees to be bound together, all owed just a single performance and each entitled to the entirety of it. In general, solidarity in an obligation is never presumed, and it must be expressly stated as a true intent of the parties' will.
https://en.wikipedia.org/wiki/Solidary_obligations

Selected response from:

Robert Carter
Mexico
Local time: 00:44
Grading comment
Thanks very much for such excellent sources and explanation. Much appreciated!
4 KudoZ points were awarded for this answer



Summary of answers provided
4provided the assignor is established as surety and solidary co-debtor
Robert Carter
4provided that the assignor remains as guarantor and co-debtor jointly with the assignee
David Hollywood


  

Answers


13 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
provided that the assignor remains as guarantor and co-debtor jointly with the assignee


Explanation:
ok

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Note added at 19 mins (2018-04-29 03:49:59 GMT)
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you could easily leave out the "that" here

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Note added at 20 mins (2018-04-29 03:50:46 GMT)
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provided the assignor remains as guarantor and co-debtor jointly with the assignee


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Note added at 25 mins (2018-04-29 03:55:36 GMT)
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and "remains" is iffy in English, so maybe "stands" as etc.

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Note added at 25 mins (2018-04-29 03:56:07 GMT)
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that's better

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Note added at 28 mins (2018-04-29 03:59:21 GMT)
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stands guarantor

David Hollywood
Local time: 02:44
Native speaker of: Native in EnglishEnglish
PRO pts in category: 593
Login to enter a peer comment (or grade)

13 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
provided the assignor is established as surety and solidary co-debtor


Explanation:
I thought I had the term "obligación solidaria" sewn up a long time ago as "joint and several obligation/liability", but it turns out that "solidary obligation/liability" is the correct term, and it's an important distinction as it additionally allows several creditors to collect the whole amount. I've even participated in a few discussions on here about "solidario" and "mancomunadamente", but to my recollection, nobody brought this up.

What is SOLIDARY?
A term of civil-law origin, signifying that the right or interest spoken of is joint or common. A “solidary obligation” corresponds to a “joint and several” obligation iu the common law; that is, one for which several debtors are bound in such wise that each is liable for the entire amount, and not merely for his proportionate share. But in the civil law the term also includes the case where there are several creditors, as against a common debtor, each of whom is entitled to receive the entire debt and give an acquittance for it.

https://thelawdictionary.org/solidary/

Solidary Obligation Definition:
Civil law: a legal relationship where one or more of several debtors are each liable to pay the entire amount, or one or more of several creditors each able to collect the whole.
Often confused with the common law concept of joint and several liability except that joint and several liability refers only to the exposure of more than one debtor.

http://www.duhaime.org/LegalDictionary/S/SolidaryObligation....

A solidary obligation, or an obligation in solido, is a type of obligation in the civil law jurisprudence that allows either obligors to be bound together, each liable for the whole performance, or obligees to be bound together, all owed just a single performance and each entitled to the entirety of it. In general, solidarity in an obligation is never presumed, and it must be expressly stated as a true intent of the parties' will.
https://en.wikipedia.org/wiki/Solidary_obligations



Robert Carter
Mexico
Local time: 00:44
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 358
Grading comment
Thanks very much for such excellent sources and explanation. Much appreciated!
Login to enter a peer comment (or grade)



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