This question was closed without grading. Reason: Answer found elsewhere
Dec 27, 2015 15:48
8 yrs ago
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Spanish term

se deba hacer exigible

Spanish to English Law/Patents Law: Contract(s) lease agreement
contexto:

QUINTA.- Serán causales de incumplimiento:
[blablabla]
En los demás casos que de conformidad con las leyes aplicables se deba hacer exigible anticipadamente el cumplimiento de las obligaciones aquí contenidas.

Discussion

philgoddard Dec 27, 2015:
It means "must be made enforceable", but I'm not sure what the rest of the sentence means. Who does "se" refer to, why "anticipadamente", and what are the obligations?

Proposed translations

34 mins

may have to be made enforceable

In the remaining cases for which compliance with the obligations contained herein may have to be made enforceable in accordance with applicable laws/regulations, ....
Peer comment(s):

neutral philgoddard : Why "may"?
42 mins
due to use of subjunctive, which expresses doubt here;
Something went wrong...
+1
1 day 1 hr
Spanish term (edited): se deba hacer exigible anticipadamente ... el cumplimiento

(AmE) such as where performance... may need to be accelerated

The 'anticipadamente' changes the emphasis.

Se... as a reflexive must refers to the 'el cumplimiento'.

En los demás casos que de conformidad con las leyes aplicables se deba hacer exigible anticipadamente: el cumplimiento de las obligaciones aquí contenidas

How to reflect the *subjunctive: in *such other cases as* require - in accordance with laws applicable - acceleration of ('advancing the time for) the performance of the obligations (covenants) contained herein....

I'm prefixing with AmE as an 'acceleration covenant' would, apart from the City of London, sound incongruous for UK consumption.

Example sentence:

An acceleration clause —or acceleration covenant— in the law of contracts, is a term that fully matures the performance due from a party upon a breach

Advancing Time of Performance. The traditional concept of "acceleration" is the mere expediting of the perform- ance of a contract to accomplish a given goal.

Peer comment(s):

agree Robert Carter : Another example from a lease: http://www.zaherlaw.com/sample_lease_for_the_web.pdf//So it isn't accelerating performance of the payment obligations, by making them immediately due and payable? Am I not understanding the nuance?
2 hrs
Thx. In that lease, it is the term (period) that is being accelerated - far commoner than of performance itself.//Yes. I'd go along with that, if refers to obligs to pay, rather than repairing etc. covenants.
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