Jun 14, 2018 07:52
6 yrs ago
11 viewers *
English term

pass to the benefit of

English Bus/Financial Finance (general) Loan Agreement
Context:
Binding Effect
This Agreement will pass to the benefit of and be binding upon the respective heirs, executors, administrators, successors and permitted assigns of the Borrower and Lender.

Responses

18 hrs
English term (edited): pass to the benefit of and be binding upon
Selected

see explanation

you have to look at the whole sentence, to understand why it's "(1)to the benefit of and (2)to be binding upon" instead of "all the obligations and rights"

This agreement is about a loan that is being repaid.

At that stage the Lender has ONLY rights [to demand repayment] and the Borrower has ONLY obligations [to keep repaying the loan]; [at the beginning, just after the contract was signed, it was the opposite: the Lender had only obligations - to give/lend the money, the Borrower had only rights - to demand the agreed loan]

so any

"heirs, executors, administrators, successors and permitted assigns"

1 - of the Borrower will have ONLY obligations (the part "to be binding upon" - applies only to those replacing the Borrower)

2 - of the Lender will have ONLY rights - the part "to the benefit of" applies only to those replacing the Lender.

IOW the wording is crystal clear, and perfectly correct, and is in fact an attempt to make an abbreviated version of:


"This Agreement

will pass to the benefit of the heirs, executors, administrators, successors and permitted assigns of the Lender

and

will be binding upon the heirs, executors, administrators, successors and permitted assigns of the Borrower."

That would be a rephrasing easier to follow that corresponds EXACTLY to what is said in this ST.




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Note added at 1 day 51 mins (2018-06-15 08:44:31 GMT)
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another element:

the term "... the respective ..." is there because transferring rights [will pass to the benefit of] or transferring obligations [will be binding upon] will not both happen to both the replacements for Lender and Borrower, but only one type of transfer will apply to the corresponding / respective" party - either the Lender's rights or the Borrowers obligations - but there are no "Lender's obligations" nor any "Borrowers rights" to pass to anyone, so the general purpose "passing rights and obligations" wouldn't make sense here, as in this ST either only rights or only obligations can be transferred.

By trying to avoid the repetition of the part "the heirs, executors, administrators, successors and permitted assigns of" the writers made a sentence you need to read carefully more than once, but that's not unusual in contracts.
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4 KudoZ points awarded for this answer. Comment: "Thank you very much! I appreciate it :)"
30 mins

pass to the benifit of (unchanged)

Once the borrower dies, the agreement will remain in force and be binding for all parties involved.

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Note added at 45 min (2018-06-14 08:37:56 GMT)
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This agreement will remain in force ...

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Note added at 46 min (2018-06-14 08:39:42 GMT)
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my pleasure!
Note from asker:
yeah. I kind of understand that, but it's hard to rephrase it to something easier for translation.
Thank you very much. Really helpful, indeed.
Peer comment(s):

neutral philgoddard : I don't think you can define a phrase simply by repeating it. And it's not just about the borrower dying.
3 hrs
OK, I'm new to Kudoz. Thought he just wanted an explanation.
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+1
4 hrs

the rights and obligations under this agreement will be transferred to

This is not very clear writing, but the overall meaning of the sentence is that if something happens to one of the parties - for example the borrower dies or the lender goes bankrupt or sells the loan - its contractual rights and obligations will be transferred to whoever takes over the debt.

Of course, "benefit" strictly speaking means just rights, but "rights and obligations" is how it's usually phrased in this context, both in English and other languages.
Note from asker:
Thanks very much. You've been very helpful :)
Peer comment(s):

agree Yvonne Gallagher : yes, not well written as it's not just "benefits" but obligations too
19 mins
disagree Daryo : that's how contracts work in general, no doubts about that - but if you rephrase it that way before translating - you would be seriously deviating from the the text of this contract.
4 hrs
agree AllegroTrans
21 hrs
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