Sep 30, 2019 18:35
4 yrs ago
10 viewers *
Spanish term
puedan incumbir
Spanish to English
Law/Patents
Law: Contract(s)
Sentence: "...todo ello sin perjuicio de las acciones que frente a este último puedan incumbir a la Acreditada."
My attempt: "...all without prejudice to any actions that the Borrower may be able to take against the latter."
I guess my problem is that I'm not really clear on who is taking these actions, is it the borrower or the lender? (when they say "este último" they are referring to the lender) - not really sure how to translate "incumbir"...
Any help is greatly appreciated, thanks!
-Louisa
My attempt: "...all without prejudice to any actions that the Borrower may be able to take against the latter."
I guess my problem is that I'm not really clear on who is taking these actions, is it the borrower or the lender? (when they say "este último" they are referring to the lender) - not really sure how to translate "incumbir"...
Any help is greatly appreciated, thanks!
-Louisa
Proposed translations
(English)
4 +4 | that may be available [to Borrower] / [that Borrower] may take | Robert Carter |
3 -1 | might be of interest to her | Juan Arturo Blackmore Zerón |
Proposed translations
+4
31 mins
Selected
that may be available [to Borrower] / [that Borrower] may take
I think you are correct. So it appears that in this agreement the Borrower may be able to sue one of the Lenders if they fail to provide their share of the loan funds to the Borrower.
without prejudice to any actions that may be available to Borrower against the latter [i.e., the defaulting Lender]
or
without prejudice to any actions Borrower may take against the latter
without prejudice to any actions that may be available to Borrower against the latter [i.e., the defaulting Lender]
or
without prejudice to any actions Borrower may take against the latter
Peer comment(s):
agree |
Toni Castano
: Robert, I have taken my time to properly analise the source sentence and, yes, I agree with you both: It is the borrower (parte acreditada) the one who may take actions against the defaulting lender (parte acreditante). Good work. Saludos.
1 hr
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Thanks, Toni, ¡saludos!
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agree |
AllegroTrans
2 hrs
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Thanks, Chris.
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agree |
John Rynne
: I think "remedies" works better than "actions"
12 hrs
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Thanks, John, although with remedies, you wouldn't be able to use "take".
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neutral |
philgoddard
: But it says "incumbir", which surely means "is required to take" - for example, giving notice of the breach.
13 hrs
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Thanks, Phil. No, "incumbir" is synonymous with "corresponder," which I is the word I see used more often in clauses such as this. There's no "requirement" here, except perhaps in the indirect sense that the Borrower may "need" to take action.
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agree |
Adrian MM.
: such remedies as may be available to the Borrower (fem. / corporate Borrowers) against... PS your are right about the non-imposed meaning of incumbir, though not picked up on by Harrap's ES/EN dictionary.
1 day 12 hrs
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Thanks, Adrian. I don't have a Harrap's, but my Oxford Sp-En is wrong too.
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4 KudoZ points awarded for this answer.
Comment: "Thanks so much for your help!"
-1
11 mins
might be of interest to her
Peer comment(s):
disagree |
AllegroTrans
: It's more than mere concern, it's about being able to take legal action
2 hrs
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Discussion
@Toni.
I'm not sure what you mean. Louisa has identified the parties correctly - she said exactly the same thing as you, i.e., that the "Acreditada" (Borrower) is the party that may or may not take action against the other party.
En el supuesto de que algún Acreditante, a pesar de los compromisos que adquiere por el presente Contrato, no pusiera a disposición de la Acreditada los fondos comprometidos según el presente Contrato, ello no afectará al otro Acreditante, que no estará obligado a asumir la parte correspondiente al Acreditante incumplidor, todo ello sin perjuicio de las acciones que frente a este último puedan incumbir a la Acreditada.
As for your specific question: Nobody is taking any action… yet. When the Spanish subjunctive (presente de subjuntivo = puedan, in this case) is used, we are just speaking of possibilities, possible actions in this case. In other words, the "Acreditada" (don´t know who this is, lack of context, as Robert says!) may or may not proceed against the party identified as "este último" (again, insufficient context to ascertain who they are). The key point is that the "Acreditada" (???) may proceed against the other party, if they wish to do so.