Glossary entry (derived from question below)
Spanish term or phrase:
retirando cada parte su ejemplar en un mismo tenor y efecto
English translation:
both parties retaining their counterpart, each of which is considered an original
Added to glossary by
Rebecca Jowers
Oct 13, 2015 21:08
8 yrs ago
16 viewers *
Spanish term
retirando cada parte su ejemplar en un mismo tenor y efecto
Spanish to English
Bus/Financial
Real Estate
lease
From a (supplemental) ease agreement from Paraguya.
"DADO y firmado en el lugar y fechas señalados más arriba, retirando cada parte su ejemplar en un mismo tenor y efecto."
"DADO y firmado en el lugar y fechas señalados más arriba, retirando cada parte su ejemplar en un mismo tenor y efecto."
Proposed translations
(English)
References
This might help | Helena Chavarria |
Change log
Oct 24, 2015 21:56: Rebecca Jowers Created KOG entry
Proposed translations
+2
10 hrs
Selected
both parties retaining their counterpart, each of which is considered an original
“Ejemplar en un mismo tenor y efecto” (or, more commonly in Spain, “ejemplar a un solo efecto”) is an expression used to indicate that each copy of a contract is considered an original. In English this most often appears in contracts simply as “counterparts, each of which is considered an original”. So I don’t think a literal translation is warranted (“the same tenor and effect”) given that English language contracts generally express this idea as both counterparts being “considered an original.”
Examples:
“This Agreement may be executed in separate counterparts, and such counterparts when executed and delivered shall be an original.”
http://www.drukker.co.uk/publications/reference/counterparts...
“This lease may be executed in any number of counterparts, each of which is considered an original.”
http://unterm.un.org/DGAACS/unterm.nsf/8fa942046ff7601c85256...
“This Memorandum of Understanding may be executed in counterparts, each of which is considered an original but all of which together constitute one instrument.”
http://www.courts.ca.gov/partners/documents/MOU-Template.doc...
“This agreement may be executed in several counterparts, each of which shall be deemed to be original but all of which will collectively constitute one and the same instrument.”
http://clausehound.com/category/agreement-workshop/commercia...
The distinction between “part” and “counterpart” may be UK usage and especially with respect to leases, but it is my understanding that the distinction is not generally made in many modern commercial contracts in English and it is not a feature of civil law contracts. Here are some references in that regard:
“Formerly ‘part’ was used as the opposite of ‘counterpart’ in respect to covenants executed in duplicate, but now each copy is called a ‘counterpart’. (A Dictionary of American and English Law, 1883, p. 927, quoted in Black’s Law Dictionary, 8th ed.)
“Formerly each party to an indenture executed a separate deed; that part which was executed by the grantor was called the original, and the rest the counterparts. It is now usual for all the parties to execute every part, and this makes them all originals.” 2 Bl. Com 296
http://legal-dictionary.thefreedictionary.com/Counterparts
Examples:
“This Agreement may be executed in separate counterparts, and such counterparts when executed and delivered shall be an original.”
http://www.drukker.co.uk/publications/reference/counterparts...
“This lease may be executed in any number of counterparts, each of which is considered an original.”
http://unterm.un.org/DGAACS/unterm.nsf/8fa942046ff7601c85256...
“This Memorandum of Understanding may be executed in counterparts, each of which is considered an original but all of which together constitute one instrument.”
http://www.courts.ca.gov/partners/documents/MOU-Template.doc...
“This agreement may be executed in several counterparts, each of which shall be deemed to be original but all of which will collectively constitute one and the same instrument.”
http://clausehound.com/category/agreement-workshop/commercia...
The distinction between “part” and “counterpart” may be UK usage and especially with respect to leases, but it is my understanding that the distinction is not generally made in many modern commercial contracts in English and it is not a feature of civil law contracts. Here are some references in that regard:
“Formerly ‘part’ was used as the opposite of ‘counterpart’ in respect to covenants executed in duplicate, but now each copy is called a ‘counterpart’. (A Dictionary of American and English Law, 1883, p. 927, quoted in Black’s Law Dictionary, 8th ed.)
“Formerly each party to an indenture executed a separate deed; that part which was executed by the grantor was called the original, and the rest the counterparts. It is now usual for all the parties to execute every part, and this makes them all originals.” 2 Bl. Com 296
http://legal-dictionary.thefreedictionary.com/Counterparts
Note from asker:
Thanks! |
3 KudoZ points awarded for this answer.
15 mins
each party taking their engrossed part (having the same force and effect) of the original
not a counterpart as that would be a copy of the original that would be kept by someone else e.g. in EN, a lease is engrossed (drawn up) in two identical *parts*.
Note from asker:
Thanks! |
4 hrs
each party (both parties) retaining their own copy to the same effect and purpose
Note from asker:
Thanks! |
42 mins
each party keeping one counterpart of the same tenor and effect
tenor > wording, text
effect > consequence, force
http://www.proz.com/kudoz/spanish_to_english/law_general/275...
http://www.proz.com/kudoz/spanish_to_english/law_contracts/1...
--------------------------------------------------
Note added at 54 mins (2015-10-13 22:02:50 GMT)
--------------------------------------------------
I defer to your greater knowledge of these terms, Adrian (counterpart & engrossed part), though I believe "force" to be a synonym of "effect", not "tenor".
--------------------------------------------------
Note added at 4 hrs (2015-10-14 01:56:49 GMT)
--------------------------------------------------
"...bonds...issued to the...Company 100 bonds of the township of Pana, of $1,000 each, payable and bearing interest according to the rate aforesaid. All the bonds were of like tenor and effect, except as to their number..." 107 U.S. 529, 2 S.Ct. 704, 27 L.Ed. 424, TOWN OF PANA v. BOWLER and another. 1883.
https://bulk.resource.org/courts.gov/c/US/107/107.US.529.htm...
"After cancelling the subsisting contract of sale, a new contract of the same tenor and effect might immediately be substituted under which it could not be claimed that the insurance company would have any right of subrogation to the purchase price."
http://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article...
effect > consequence, force
http://www.proz.com/kudoz/spanish_to_english/law_general/275...
http://www.proz.com/kudoz/spanish_to_english/law_contracts/1...
--------------------------------------------------
Note added at 54 mins (2015-10-13 22:02:50 GMT)
--------------------------------------------------
I defer to your greater knowledge of these terms, Adrian (counterpart & engrossed part), though I believe "force" to be a synonym of "effect", not "tenor".
--------------------------------------------------
Note added at 4 hrs (2015-10-14 01:56:49 GMT)
--------------------------------------------------
"...bonds...issued to the...Company 100 bonds of the township of Pana, of $1,000 each, payable and bearing interest according to the rate aforesaid. All the bonds were of like tenor and effect, except as to their number..." 107 U.S. 529, 2 S.Ct. 704, 27 L.Ed. 424, TOWN OF PANA v. BOWLER and another. 1883.
https://bulk.resource.org/courts.gov/c/US/107/107.US.529.htm...
"After cancelling the subsisting contract of sale, a new contract of the same tenor and effect might immediately be substituted under which it could not be claimed that the insurance company would have any right of subrogation to the purchase price."
http://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article...
Note from asker:
Thanks! |
Peer comment(s):
neutral |
Adrian MM. (X)
: Fair enough. But counterpart suggests a mere copy, the original kept elsewhere (usually by the Landlords in the UK). The 'ejemplares' might be original parts, like an indenture whose sections fit together.
37 mins
|
Ok Adrian, I understand, though what happened was that I posted this before I saw your entry!
|
1 day 6 hrs
each party shall retain their respective copy, of the same tenor and validity.
I like this wording better. Hope it helps
Note from asker:
Thanks! |
Reference comments
17 mins
Reference:
This might help
http://www.proz.com/kudoz/spanish_to_english/law_contracts/1...
http://www.proz.com/kudoz/spanish_to_english/law_patents/160...
http://www.proz.com/kudoz/spanish_to_english/bus_financial/2...
http://www.proz.com/kudoz/spanish_to_english/law_patents/160...
http://www.proz.com/kudoz/spanish_to_english/bus_financial/2...
Note from asker:
Thanks! |
Something went wrong...