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sin perjuicio

English translation: without prejudice

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:sin perjuicio
English translation:without prejudice
Entered by: Paul Becke
Options:
- Contribute to this entry
- Include in personal glossary

05:54 Apr 19, 2001
Spanish to English translations [PRO]
Law/Patents
Spanish term or phrase: sin perjuicio
Se trata de una de las cláusula de un contrato en la que se habla de las multas que se impondran por incumplimiento del mismo. Quisiera que alguien me pudiera aclarar el sentido de la frase SIN PERJUICIO DE QUE LAS HAGA EFECTIVAS:

"El contratista autoriza a XXXXX para descontar y tomar el valor de las multas de que tratan los literales anteriores de cualquier suma que le adeude a la entidad contratante por este contrato SIN PERJUICIO DE QUE LAS HAGA EFECTIVAS CONFORME A LA LEY."

Gracias.
Maria Paz
Not a claim for points: "without prejudice to their legal recourse".
Explanation:
Some of the Answerers reminded me of the formulaic expression - which I now see accords with the text. I believe the expression is sometimes abbreviated to simply: "Without prejudice".
Selected response from:

Paul Becke
Local time: 07:26
Grading comment
First of all I want to thank all of you for the time and consideration given to my question. You are all soooooo wonderful! This was a tough choice, I really appreciate Carol's brief and to the point explanation and though I agree with her I believe Paul has chosen the right way to phrase this. Thank you and Kudoz to all of you, Maria.
4 KudoZ points were awarded for this answer

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Summary of answers provided
na +1without jeopardyCarol Shaw
naJUST A CONTRIBUTION TO ...Manuel Cedeño Berrueta
naI think McedenoB made has drawn attention to an important point,Paul Becke
naI think McedenoB made has drawn attention to an important point,Paul Becke
naNot a claim for points: "without prejudice to their legal recourse".Paul Becke
na"subject to"Paul Becke
nawithout prejudice to its right to assert them in accordance with lawLee Penya
nawithout prejudice to its right to claim themLee Penya
nanotwithstanding
Virginia Ledesma Tovar


  

Answers


10 mins
notwithstanding


Explanation:
notwithstanding that such penalties are claimed.
otra posibilidad sería
regardless of such penalties being collected
suerte
vicky


    law dictionary steven H. Gifis
Virginia Ledesma Tovar
Germany
Local time: 08:26
Native speaker of: Native in SpanishSpanish
PRO pts in pair: 30
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18 mins
without prejudice to its right to assert them in accordance with law


Explanation:
The phrase "its right" is needed to connect "without prejudice to" and "to assert them."

None needed, but see

http://www.kyeb.uscourts.gov/kyeb/opin/leeopin/1997/Ford, Ve...

http://www.osce.org/tenders/gcp.htm
(under point 33)

http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/199...




    Experience
Lee Penya
Local time: 01:26
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 30

Peer comments on this answer (and responses from the answerer)
Isabel Peralta
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21 mins
without prejudice to its right to claim them


Explanation:
"Claim" would actually be better than "assert" here.

Lee Penya
Local time: 01:26
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 30
Login to enter a peer comment (or grade)

37 mins peer agreement (net): +1
without jeopardy


Explanation:
"without jeopardy to their legal recourse" or "without invalidating their legal recourse". I believe the contract is indicating that fines can be deducted without removing the right to any legal proceding.

Carol Shaw
Local time: 01:26
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in pair: 59

Peer comments on this answer (and responses from the answerer)
agree  Bob Haskell: I like your "without invalidating their legal recourse" and think it is exactly right. I just found it, and will use it. Thanks.
2045 days
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1 hr
"subject to"


Explanation:
"The Contractor hereby authorises XXXXX to deduct and acquire the value of such penalty payments as the literals may concern, prior to any sum that it may owe to the contracting entity under the terms of this contract, SUBJECT TO ITS MAKING THEM EFFECTIVE ACCORDING TO LAW".

... is my reading of it.

"without prejudice" is the term given in most dictionaries, and is often the abbreviation of a formulaic expression.
"Subject to" is the translation given in Le Docte's "Legal Dictionary in Four Languages", and seems to be appropriate in this context.

I presume it is the "multas" that have to be made effective according to law, but actually it probably doesn't matter, from a translator's angle. I believe the expression, "according to law" is correct, though, as the layman I am, I would have inserted the definite article before "law".

Beigbeder's Sp/Eng technical dictionary qualifies the translation of literal as the same word with alphanumeric variables in parenthesis by way of qualification. Whether that is what is referred to I don't know, but no doubt investigations in Internet glossaries
and consultation with a legally-trained, native Spanish translator would confirm it or provide the correct term.



    Le Docte.
Paul Becke
Local time: 07:26
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 41
Login to enter a peer comment (or grade)

1 hr
Not a claim for points: "without prejudice to their legal recourse".


Explanation:
Some of the Answerers reminded me of the formulaic expression - which I now see accords with the text. I believe the expression is sometimes abbreviated to simply: "Without prejudice".

Paul Becke
Local time: 07:26
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 41
Grading comment
First of all I want to thank all of you for the time and consideration given to my question. You are all soooooo wonderful! This was a tough choice, I really appreciate Carol's brief and to the point explanation and though I agree with her I believe Paul has chosen the right way to phrase this. Thank you and Kudoz to all of you, Maria.

Peer comments on this answer (and responses from the answerer)
Isabel Peralta
Login to enter a peer comment (or grade)

1 hr
JUST A CONTRIBUTION TO ...


Explanation:
JUST A CONTRIBUTION TO SUPPORT LEEPENYA’S OPINION AND TO COMMENT ON HIS/HER LAST REMARK:
I THINK THAT YOUR FIRST TRANSLATION (“ASSERT”) IS BETTER, BECAUSE WHEN YOU “CLAIM” SOMETHING, YOU JUST STATE YOUR RIGHT TO THAT “SOMETHING”, WHILE WHEN YOU “ASSERT” IT, YOU ESTABLISH IT FORCEFULLY (=MAKE IT EFFECTIVE).


Manuel Cedeño Berrueta
Local time: 03:26
Native speaker of: Native in SpanishSpanish
PRO pts in pair: 1094
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2 hrs
I think McedenoB made has drawn attention to an important point,


Explanation:
Apart from his explanation as to the distinction between the shades of meaning of "claim" and "asset", there seems to be an irreducible minimum knowledge of the formulaic expressions we as translators are expected to know and use, in this and in many other fields.

In my experience, the people in Finance (particularly Swiss) are the most demanding; otherwise, I believe most end clients will look at the text and say, "Well, that's as professional a job as might reasonably be expected from someone outside the profession; but we still have to familiarise ourselves as speedily as possible with as much of their particular jargons as we can as soon as we can. They will seldom, if ever, be satisfied with simple comprehensiility.

Paul Becke
Local time: 07:26
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 41
Login to enter a peer comment (or grade)

2 hrs
I think McedenoB made has drawn attention to an important point,


Explanation:
Apart from his explanation as to the distinction between the shades of meaning of "claim" and "asset", there seems to be an irreducible minimum knowledge of the formulaic expressions we as translators are expected to know and use, in this and in many other fields.

I missed the point about retaining the right to appeal to the courts and have the matter enforced by law. Though I might have consulted a hot-shot I know, I might not have, so I'm glad I didn't do that translation.

In my experience, the people in Finance (particularly Swiss) are the most demanding; otherwise, I believe most end clients will look at the text and say, "Well, that's as professional a job as might reasonably be expected from someone outside the profession; but we still have to familiarise ourselves as speedily as possible with as much of their particular jargons as we can, as soon as we can. They will seldom, if ever, be satisfied with simple comprehensiility.

Paul Becke
Local time: 07:26
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 41
Login to enter a peer comment (or grade)




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