Glossary entry (derived from question below)
Spanish term or phrase:
firma, formalización, ejecución o terminación
English translation:
signing, legalising, performance or termination
Spanish term
firma, formalización, ejecución o terminación
My question is how to distinguish "formalización" from "ejecución" if they both mean "execution" or "performance". The word "ejecución appears throughout the text and I'm translating it as "execution". Therefore, I'm trying to find a different term for "formalización". Would "completion" be a suitable alternative?
Many thanks for your help.
"Las partes acuerdan que cualquier disputa o controversia que pueda surgir entre ellas con ocasión de este Acuerdo, incluyendo sin limitarse a aquellas derivados de su firma, formalización, ejecuciónn o terminación que no puedan ser resueltas amigablemente entre ellas..."
3 +1 | signing (execution), formalis/zing (notarially or by Deed), performance/enforcement or termination | Adrian MM. |
definitions | Lisa Rosengard |
Proposed translations
signing (execution), formalis/zing (notarially or by Deed), performance/enforcement or termination
Anyhow, finalis/zation (knocking into shape of the final contract) doesn't fit formalización if its is post-signing (execution).
Contract, conveyancing and mortgage completion IMO subsumes signing and exchange of contracts, payment of the price and hand-over of any keys to the property, so questionable in this context.
Alas, as already mentioned on ProZ, Her Late Britannic Majesty, even with the benefit of advice from Queen's Counsel who had gieb a written undertaking to 'proffer advice and conusel when called upon to do so', also confused contract completion with 'engrossment': 'I thought the Brexit Agreements had been finalised' (signed off or completed vs. fine-tuned).
Although this has come up before, formalising can mean putting into the right form, namely notaris/zation or by (non-US Land) Deed under (Notarial) Seal.
ejecución can mean (course of) performance as well as enforcement - depending on the context.
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Note added at 2 hrs (2024-02-18 22:02:02 GMT)
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.... Her Late Britannic Majesty, even with the benefit of advice from Queen's Counsel who had *given* a written undertaking to 'proffer advice and *counsel* when called upon to do so' ,,,,
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Note added at 7 days (2024-02-26 18:52:16 GMT) Post-grading
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You are welcome! In the UK, legalis/zing is a specific *authentication* process conducted at a foreign Embassy or Consulate of an already attested = notarially certified contract or translation - into or out of English - and that can be substituted by the simplified process of a notarial apostille 'in lieu' (Note the ProZ or TC non-favourite noun or gerundive of apostillis/zation or apostillis/zing -> as per a Brooke's Notary textbook footnote), for international recognition in foreign countries that are members of the 1961 Hague Convention Treaty.
The loose translation of formalización as 'finalis/zation', namely pre-completion knocking into final shape, IMO does not for once - as expounded - work in this instance post-signing, but m,ight have done pre-signing (or 'pre-execution').
Formalisation-related, ex-Latin students note *carefully*: omnia praesumuntur rite esse acta -> The presumption that, in the absence of evidence to the contraing which has been done was done in accordance with all relevant technicalities.
Contract Completion means the confirmed point when all contractual obligations are fully executed, approved, and all due payments are authorized.
http://www.proz.com/personal-glossaries/entry/1430294-execution-celebración-formalización
http://fas.familieschange.ca.gov/en/course/56-summary-formalizing-agreement
agree |
Toni Castano
: Correct: "Formalización": formalizing (or legalizing) by a notary public. "Ejecución": (in this case) performance or fulfilment (the whole paragraph refers to the Agreement in question).
1 day 17 hrs
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Thanks, Toni. It's good to have a legally qualified peer on my side.
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Reference comments
definitions
https://www.thefreedictionary.com/formalization
Among other things, execution is the manner, style, result of performance. It's the way in which something is accomplished (completed) or performed, a technique.
It's the carrying into effect of a court judgement, the enforcement of a judgement of a court of law, a writ which orders an officer to enforce a judgement.
It might be an effective, punitive or destructive action.
https://www.thefreedictionary.com/execution
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