claúsulas pendientes

English translation: executory clauses

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19:58 Apr 29, 2018
Spanish to English translations [PRO]
Law/Patents - Law: Contract(s) / Lease Contract
Spanish term or phrase: claúsulas pendientes
Cualquier dificultad que pueda producirse entre las partes en relación a la aplicación de estas cláusulas pendientes, de común acuerdo entre las partes será resuelta necesariamente por un arbitro arbitrador que determine la justicia ordinaria debiendo este ultimo ostentar el titulo de abogado otorgado por la Excelentísima Corte Suprema de Justicia de Chile.

The use of 'pendientes' is a little confusing here - it seems to be referring to the clauses.

Pending clauses? Clauses that are not fulfilled? Any difficulty arising from unmet clauses?

Comments would be much appreciated, thanks

Source: Chilean lease contract
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Amy Gulvin
New Zealand
Local time: 21:42
English translation:executory clauses
Explanation:
I think this is a possibility but you'll have to check what your actual clauses entail. The idea being that a clause is executory if its performance depends on another event or act occurring first.

Executory
Law and Legal Definition
Executory refers to something incomplete, unfinalized, or yet to be accomplished. For example, an executory contract is one in which all or part of the required performance has not been performed; an executory bequest is a gift under a will which has not been distributed to the beneficiary. In another example, a trust is said to be executory where an additional act is required of the author of the trust himself or by the trustees, to give it its full, effect. In this sense, the trust is executory because rights under the trust have not vested.

https://definitions.uslegal.com/e/executory/

Executory
Definition from Nolo’s Plain-English Law Dictionary

Not yet performed or done. For example, an executory contract is one in which all or part of the required performance has not been done, and an executory bequest is a gift in a will that has not yet been distributed to the beneficiary.

https://www.law.cornell.edu/wex/executory

The City argues that Supreme Court erred in granting summary judgment to plaintiffs inasmuch as the lease agreement's executory clause was triggered, thereby absolving the City of any liability under the lease.
http://decisions.courts.state.ny.us/ad3/decisions/2005/96190...

The clause in question simply provides in plain, unmistakable language that, "upon receipt of due proof" by the company of the disability of the insured, the primary and initial act upon which a purely executory clause becomes operative, the company will, at the option of the insured, agree in writing indorsed on the policy to do one of two things, namely, to pay for the insured the premiums which shall thereafter become payable during the period of disability or will grant an endowment for the face value of the policy, under which no premiums will be required, payable in ten equal annual installments, the first to be paid immediately upon receipt of due proof of the disability or incapacity.
https://www.courtlistener.com/opinion/4119303/parker-v-jeffe...
Selected response from:

Robert Carter
Mexico
Local time: 04:42
Grading comment
Thanks so much for the excellent answer and resources
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +2executory clauses
Robert Carter
3these binding clauses
Robert Forstag


  

Answers


13 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
estas claúsulas pendientes
these binding clauses


Explanation:
The meaning of “pending” here seems to simply be “binding”/“enforceable.” A synonym in Spanish would be “de obligatorio cumplimiento”.

Robert Forstag
United States
Local time: 05:42
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 473

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: I don’t think 'seems to' is convincing enough here: yes there is an attractive logic to your solution, but there may be more to this, asker needs to check the nature of the clauses
15 hrs
  -> "Seems to," along with my CL reflects my uncertainty regarding the suggestion. I would also point out that it is far from clear that R. Carter's suggestion is correct: Having translated well over 100 contracts, Ihave never heard of an "executory clause."
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3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
executory clauses


Explanation:
I think this is a possibility but you'll have to check what your actual clauses entail. The idea being that a clause is executory if its performance depends on another event or act occurring first.

Executory
Law and Legal Definition
Executory refers to something incomplete, unfinalized, or yet to be accomplished. For example, an executory contract is one in which all or part of the required performance has not been performed; an executory bequest is a gift under a will which has not been distributed to the beneficiary. In another example, a trust is said to be executory where an additional act is required of the author of the trust himself or by the trustees, to give it its full, effect. In this sense, the trust is executory because rights under the trust have not vested.

https://definitions.uslegal.com/e/executory/

Executory
Definition from Nolo’s Plain-English Law Dictionary

Not yet performed or done. For example, an executory contract is one in which all or part of the required performance has not been done, and an executory bequest is a gift in a will that has not yet been distributed to the beneficiary.

https://www.law.cornell.edu/wex/executory

The City argues that Supreme Court erred in granting summary judgment to plaintiffs inasmuch as the lease agreement's executory clause was triggered, thereby absolving the City of any liability under the lease.
http://decisions.courts.state.ny.us/ad3/decisions/2005/96190...

The clause in question simply provides in plain, unmistakable language that, "upon receipt of due proof" by the company of the disability of the insured, the primary and initial act upon which a purely executory clause becomes operative, the company will, at the option of the insured, agree in writing indorsed on the policy to do one of two things, namely, to pay for the insured the premiums which shall thereafter become payable during the period of disability or will grant an endowment for the face value of the policy, under which no premiums will be required, payable in ten equal annual installments, the first to be paid immediately upon receipt of due proof of the disability or incapacity.
https://www.courtlistener.com/opinion/4119303/parker-v-jeffe...


Robert Carter
Mexico
Local time: 04:42
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 358
Grading comment
Thanks so much for the excellent answer and resources

Peer comments on this answer (and responses from the answerer)
agree  Charles Davis: I was sure this was the meaning and that there had to be a word for it, but I didn't know what that word was. Thanks!
2 hrs
  -> Thanks, Charles, it does seem a good fit, although I'm not entirely sure, having never seen "claúsulas pendientes" before.

agree  AllegroTrans: Strong possibility but the nature of the clauses has to be examinde here
12 hrs
  -> Thanks, Chris, yes, quite right.
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