GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
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05:54 Apr 19, 2001 |
Spanish to English translations [PRO] Law/Patents | |||||
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| Selected response from: Paul Becke (X) Local time: 22:07 | ||||
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notwithstanding Explanation: notwithstanding that such penalties are claimed. otra posibilidad sería regardless of such penalties being collected suerte vicky diccionario de t�rminos legales de Robb law dictionary steven H. Gifis |
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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 |
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without prejudice to its right to claim them Explanation: "Claim" would actually be better than "assert" here. |
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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. |
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"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. |
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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". |
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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). |
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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. |
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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. |
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