12 Apr Spanish Translation Of Agreement
Why is this necessary? The contractual law of most nations follows the well-known principle that there must be a meeting of minds to conclude a binding treaty. If not, there is no contract. Each foreign nation has different rules of evidence as to what is allowed in the evidence, if they prove what the parties understood they received for the benefit of the good deal. Many laws allow the use of parol evidence. Thus, the UN Convention on International Goods Contracts allows the courts: which apply it to take into account “all relevant circumstances” of the contract – this would apply to both the initial language contract and the translation (cf. z.B. MCC-Marble Ceramic Center, Inc. v. Ceramica Nuova D`Agostino, S.p.A., 144 F.3d 1384 (11 cir.
1998)). The use of parol evidence is even more applicable when the translation was signed by both parties and the translation was a subject or scenario that seemed to abstain from the original language. The unfortunate result is that the courts (or arbitration tribunals) must rule on these types of cases, as it is less likely that the parties will be able to resolve their own disputes amicably. Instead, they will all think that their own interpretation of the treaty is feasible and spend far too much money to argue over this interpretation. Think about how long it usually takes to design and negotiate an English-language trade agreement for your client – and to what extent the parties can argue over the registration or exclusion of a single word or phrase. In the event that two languages are used and signed by a client, negotiations and questions should focus on both contractual formats. When the parties sign a contract and it is considered part of their agreement, they should be aware of it; their ignorance of the foreign language will not be an excuse. The only way to ensure a precise translation is to check it point by point, inconsistency clause clause. In an ideal situation, a translation is carried out by a lawyer (either within your firm or by a contract lawyer hired, abroad or on the spot) who can provide legal advice on the correct language to use in translation. In situations where this is not possible, translation companies with experience in developing legal documents and explaining the implications should be used in the choice of words, so that the lawyer who does not speak the foreign language will be able to make decisions about the choice of words. If the lawyer does not have the foreign language capability and the client does not wish to hire an additional lawyer to confirm the translation, the client should be notified of the potential for inappropriate translation and the impact on the terms of the contract. Let`s start by finding out what an agreement really is.
In the Merriam Webster Dictionary, the following definitions are provided: 1.a. the act or fact of consent; 1.b. Harmony of opinion, action or character: concord; 2.a. regulations on the procedure to be followed; 2.b. compact, contract; 3.a. a duly executed and legally binding contract; 3.b the language or instrument that embodies such a treaty. In the area of private law, we usually find contracts within the framework of convenios, that is, the voluntary agreement for the creation and transfer of obligations and rights.