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puede hacer hablar

Glossary entry

Spanish term or phrase:

no se podrá

English translation:

may not be

Added to glossary by Edward Tully
Oct 21, 2014 09:58
9 yrs ago
13 viewers *
Spanish term

no se podrá

Spanish to English Law/Patents Law (general)
In Terms and Conditions for a website from Spain.

Actualidad y Modificación de la información

La información que aparece en este website es la vigente en la fecha de su última actualización.
XXXX se reserva el derecho a actualizar, modificar o eliminar la información de este website, pudiendo limitar o no permitir el acceso a este website.
***No se podrá *** alterar, cambiar, modificar, o adaptar este website.
Sin embargo XXXXX se reserva la facultad de efectuar, en cualquier momento, cuantos cambios y modificaciones estime convenientes, pudiendo hacer uso de tal facultad en cualquier momento y sin previo aviso.

It looks to me as if they are saying that XXXX may make changes and then that they may not. Does the 'no se podrá' imply 'by someone else' and if so I would welcome possible translations that make this clear without adding information that is not in the original.
Proposed translations (English)
4 +5 may not be
4 -1 Shall/should not be
Change log

Oct 23, 2014 07:42: Edward Tully Created KOG entry

Votes to reclassify question as PRO/non-PRO:

Non-PRO (1): philgoddard

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Discussion

Rebecca Jowers Oct 22, 2014:
Hi Jude69 Perhaps my comment wasn't clear. The expression to translate is "no podrá". In contract language:

podrá = may
no podrá = may not
(i.e., what the parties are allowed or not allowed to do under a contract)

deberá = shall
no deberá = shall not
(i.e., what the parties must or must not do under a contract)

So the expression "no podrá" in this context must be translated as "may not" as Edward has suggested.
Edward Tully Oct 22, 2014:
@Jude I think you're confusing "may" with "might" - not the same thing at all.
jude dabo Oct 22, 2014:
@Rebecca
good ref:SHALL - used to establish an obligation ( A MUST DO )and not based on probabilities like MAY NOT connotes
Rob Lunn Oct 22, 2014:
Active: you or user, but use throughtout You could use the passive (I agree with "may not"), but as this is a terms of use and as, normally, anyone who visits the website in any way implicitly accepts the terms (this will also be stated in the terms), you could make the sentence active and use YOU or USER, depending on what you do elsewhere. This is the usual approach in English terms of use and taking it when translating from other languages solves a whole lot of problems (including this one!).
Rebecca Jowers Oct 21, 2014:
Just for info in case this may be of interest On the subject of "words of authority" (use of verb tenses in contracts), I think this note on the use of "shall" and "may" in English language contracts is a good summary of the topic (taken from Bryan A. Garner. "A Dictionary of Modern Legal Usage." Oxford University Press, 1995, pp. 939-942):

In contract clauses setting forth agreements between the parties, “shall” is usually not used to express future tense, but rather to establish an obligation, i.e., “has a duty to.” (This corresponds to the “deberá” of Spanish contracts.) For the sake of clarity many drafters prefer to use “must” to avoid confusing “shall” with a future contingency.

“May” is usually not used to express a future possibility, but rather permission or authority, i.e., what the parties are permitted to do. (This is the “podrá” of Spanish contracts.)

“Is entitled to” indicates what the party “has a right to”.
Jane Martin (asker) Oct 21, 2014:
@ Matt Thanks Matt - I really appreciate this - am tempted to go with 'Other amendments...... may not be made.'
matt robinson Oct 21, 2014:
I agree with Edward's answer. The example I gave was for information only, and not a suggested translation, although you could add 'by parties other than XXXX' for clarity. There are many ways you could express the idea to be translated here.
Jane Martin (asker) Oct 21, 2014:
@ Edward Thanks for your input - I am always wary of adding anything to legal documents so will leave it as it is.
Edward Tully Oct 21, 2014:
No need to add anything IMHO - the next sentence makes it clear that the company reserves the right to make changes etc.
Jane Martin (asker) Oct 21, 2014:
@ Matt But could I add 'by parties other than XXX' or is that adding information that is not there in the original.
matt robinson Oct 21, 2014:
Poor structure No se podrá has to refer to others. Alterations, etc. by parties other than XXXX will not be permitted.
It is common to find this type of legal notice.

Proposed translations

+5
8 mins
Selected

may not be

I think it's using the passive to refer to third parties...

https://www.google.es/?gws_rd=ssl#q="this website may not be...
Note from asker:
Thanks Edward - confirmed what I was thinking. J
Peer comment(s):
agree Jo Hance : use of the passive voice
21 mins
Many thanks Jo! ;-)
agree philgoddard
35 mins
Many thanks Phil! ;-)
agree Margarita Ezquerra (Smart Translators, S.L.)
1 hr
many thanks! ;-)
disagree jude dabo : May not is tentative and give rooms for doubt.This is a legal document and the right word should be assertive!May not can't be a boilerplate legales my freind as it is not a latin phrase!
1 hr
No, you're wrong - "may/may not" is boilerplate legalese for "podrá/no podrá".
agree Mariano Saab : Yes. In Legal English, "may" is assertive.
2 hrs
Many thanks Mariano! ;-)
agree MarinaM
4 hrs
Many thanks Marina! ;-)
agree Rob Lunn
23 hrs
Many thanks Rob! ;-)
Something went wrong...
4 KudoZ points awarded for this answer.
-1
1 hr

Shall/should not be

cheers
Peer comment(s):
disagree Edward Tully : See comment above.
20 mins
no comment!!
Something went wrong...
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