KudoZ home » Spanish to English » Law/Patents

difficult? or obtuse? legal paragraph

English translation: expressly manifests...

Advertisement

Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs
(or are passionate about them). Participation is free and the site has a strict confidentiality policy.
02:29 Aug 15, 2001
Spanish to English translations [PRO]
Law/Patents
Spanish term or phrase: difficult? or obtuse? legal paragraph
Las gestiones de cobro serán realizadas inicialmente por LA MERCANTIL pero para el caso de que estas operaciones no llegaran a buen fin, se producirá la intervención del AGENTE en aquellas operaciones en las que directa o indirectamente hubiere intervenido y de cuyo buen fin, manifiesta expresamente hacerse responsable ante LA MERCANTIL debiendo responder en tal caso de los costes y gastos que se ocasionen como consecuencia del cumplimiento de esta obligación

MY (DRAFT) INTERPRETATION
Bill collection will be handled initially by THE TRADING COMPANY but in the case that any of these operations are not successfully concluded, THE AGENT shall intervene in those operations in which he would have intervened, directly or indirectly, and the successful conclusion of which he manifests himself as expressly responsible for to THE TRADING COMPANY, being liable in such cases for the costs and expenses that may have been incurred in the fulfillment of the said obligation.

To my mind this ST paragraph is obtuse, and I think the agent would have problems understanding the implications. Could anyone give me an opinion on this (preferably, obviously, a native Eng speaker) and their opinion as to whether I should point this out to my client.

The context is an agency contract (terms & conditions for the appointment of an agent)

Thanks in advance
xxxLia Fail
Spain
Local time: 21:45
English translation:expressly manifests...
Explanation:

I am NOT an English native speaker, but my mother tongue is Spanish and I can tell you that, though the difficulty of the text, the paragraph is perfectly understandable in Spanish.

The unique problem I see is your translation for the following fragment:
"y de cuyo buen fin, manifiesta expresamente hacerse responsable ante LA MERCANTIL", which you translated as "and the successful conclusion of which he manifests himself as expressly responsible for to THE TRADING COMPANY".
I am not sure if you understood the original. Let me change the order of the sentence: "y, expresamente, manifiesta hacerse responsable de su buen fin ante LA MERCANTIL".

Other point is that he does not "manifests himself as expressly responsible for THE TRADING COMPANY" but he "expressly manifests himself as responsible for THE TRADING COMPANY", which means a different thing ("expressly" modifies "manifests" and not "responsible").


So, if you would like to make the sentence easier, I propose:
"..., and he expressly manifests himself as responsible for the successful conclusion of those before THE TRADING COMPANY...".

Best regards,

Ignacio Hermo
Selected response from:

xxxDel01
Local time: 21:45
Grading comment
Out of respect for CA's answer being correct as well as first...but your explanation via a rephrasing of the Spanish was superb.
2 KudoZ points were awarded for this answer

Advertisement


Summary of answers provided
naexpressly manifests...xxxDel01
narevise your reading of "y de cuyo"; this has always been
Parrot


  

Answers


2 hrs
revise your reading of "y de cuyo"; this has always been


Explanation:
problematic in English. In the first place, we DON'T GENERALLY USE THE "AND", preferring to subordinate whatever comes after "y" in such clauses. In the second place, the logical sequence of this situation would be 1. the Agent has undertaken to see to the successful conclusion of SOME (not all) deals (probably to convince the trading company to accept them) and 2. He is thus responsible for their conclusion at his expense. It's not that obtuse when you order it in this manner, because from a previous query I understand that the Trading Co. has reserved the right to approve transactions.

Parrot
Spain
Local time: 21:45
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 7645
Login to enter a peer comment (or grade)

2 hrs
expressly manifests...


Explanation:

I am NOT an English native speaker, but my mother tongue is Spanish and I can tell you that, though the difficulty of the text, the paragraph is perfectly understandable in Spanish.

The unique problem I see is your translation for the following fragment:
"y de cuyo buen fin, manifiesta expresamente hacerse responsable ante LA MERCANTIL", which you translated as "and the successful conclusion of which he manifests himself as expressly responsible for to THE TRADING COMPANY".
I am not sure if you understood the original. Let me change the order of the sentence: "y, expresamente, manifiesta hacerse responsable de su buen fin ante LA MERCANTIL".

Other point is that he does not "manifests himself as expressly responsible for THE TRADING COMPANY" but he "expressly manifests himself as responsible for THE TRADING COMPANY", which means a different thing ("expressly" modifies "manifests" and not "responsible").


So, if you would like to make the sentence easier, I propose:
"..., and he expressly manifests himself as responsible for the successful conclusion of those before THE TRADING COMPANY...".

Best regards,

Ignacio Hermo


xxxDel01
Local time: 21:45
Native speaker of: Native in SpanishSpanish
PRO pts in pair: 41
Grading comment
Out of respect for CA's answer being correct as well as first...but your explanation via a rephrasing of the Spanish was superb.
Login to enter a peer comment (or grade)




Return to KudoZ list


KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.



See also:



Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search