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  3. Law: Contract(s)

en su interpretación y aplicación obligará no solamente...

English translation: in its interpretation and implementation the parties will be bound

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase: en su interpretación y aplicación obligará no solamente...
English translation:in its interpretation and implementation the parties will be bound
Entered by: Lucy Breen

11:49 Sep 15, 2022
Spanish to English translations [PRO]
Law/Patents - Law: Contract(s) / Commercial contract - Colombia
Spanish term or phrase: en su interpretación y aplicación obligará no solamente...
The contract I'm translating is a financial agreement between small business in Colombia and an investor.

The extract below is the penultimate clause in the contract which is headed "CLAUSULA XX - CONOCIMIENTO PREVIO Y BUENA FE" and comes just above the signatures of the two Parties.

...que el presente ACUERDO PRIVADO es celebrado de buena fe considerándose que ninguna de éstas cuentan con limitaciones, restricciones impedimentos o prohibiciones para celebrarlo por lo que su intención y voluntad está plasmada en éste documento y en su interpretación y aplicación obligará no solamente en lo pactado expresamente por LAS PARTES sino a todo o que corresponda a su naturaleza y causa con apoyo en la equidad y costumbre mercantil

I'm struggling with to unravel this sentence.

- " su interpretación" - its interpretation / their interpretation?
- how to render the verb "obligará" ?

My attempt so far is below:

, that this PRIVATE AGREEMENT is concluded in good faith recognising that neither party has limitations, restrictions, impediments or prohibitions to entering into this contract therefore their intention and will is enshrined herein and * in its interpretation and application shall abide by* not only what is expressly agreed ..

Any help greatly appreciated.
Lucy Breen
United Kingdom
Local time: 18:19
in its interpretation and implementation the parties will be bound
Explanation:
This might help:

"... their purpose and intent is enshrined in this document, and in its interpretation and implementation the parties will be bound not only in relation to what has been expressly agreed but also as regards all that..."


"obligar" can be translated as "to be bound by":

a comparative analysis of the European and Inter-American ...https://www.researchgate.net › publication › 287911973_...
Dec 23, 2015 — bound not only in relation to the victims named in the Court's judg-. ment but also to all other victims unknown at the time of the judg-
Selected response from:

patinba
Argentina
Local time: 14:19
Grading comment
Many thanks
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +3in its interpretation and implementation the parties will be bound
patinba
4- in the construction and operation thereof - shall be binding, not only
Adrian MM.


Discussion entries: 2





  

Answers


45 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +3
in its interpretation and implementation the parties will be bound


Explanation:
This might help:

"... their purpose and intent is enshrined in this document, and in its interpretation and implementation the parties will be bound not only in relation to what has been expressly agreed but also as regards all that..."


"obligar" can be translated as "to be bound by":

a comparative analysis of the European and Inter-American ...https://www.researchgate.net › publication › 287911973_...
Dec 23, 2015 — bound not only in relation to the victims named in the Court's judg-. ment but also to all other victims unknown at the time of the judg-

patinba
Argentina
Local time: 14:19
Native speaker of: Native in EnglishEnglish
PRO pts in category: 564
Grading comment
Many thanks
Notes to answerer
Asker: Thanks Phil that's very nicely unravelled! I think you've nailed it!

Asker: OOPS! Sorry


Peer comments on this answer (and responses from the answerer)
agree  philgoddard: Lucy: you should add some punctuation.//She can give me the points if she likes!
24 mins
  -> Thank you, Phil! Lucy had better not give you the points as well : )
agree  Toni Castano
1 hr
  -> Gracias!
agree  AllegroTrans: I personally would say "shall be bound" but this is fine
1 day 5 hrs
  -> Thank you!
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
en su interpretación y aplicación obligará no solamente...
- in the construction and operation thereof - shall be binding, not only


Explanation:
In plain legal English (ProZ regulars, take note), documents are construed - cf. a construction or originating summons in ENG law, asking the High Court to nail the meaning, including of a foreign lingo, in a series of questions: Counsel > is it meaning 1, 2 or 3? - as opposed to the interpretation of legislation, rather than of foreign lingos. UK legal clients of translation ambiguously: 'do not try to interpret the meaning'.

English judges who shall remain nameless have been known to mix up the two in the same judg(e)ment, such as 'construing the legislation' and 'interpreting the contract'.

intepretar; to interpret; to construe - 'el contrato debe interpretarse strictamente > the contract must be strictly construed', West.

Set reading for law finalists, translators and intepreters: Language & The Law - the Canons of Construction.

Example sentence(s):
  • Canons of construction is defined as a system of rules or maxims that is used to interpret the legal instruments such as statu*t*es.

    Reference: http://www.proz.com/personal-glossaries/entry/1712491-aplica...
    Reference: http://www.amazon.com/Statutory-Construction-Interpretation-...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 278
Notes to answerer
Asker: Thanks Adrian


Peer comments on this answer (and responses from the answerer)
neutral  Toni Castano: I agree that "construed" is a good "construction" in legal jargon, which does not mean that "interpreted" is less accurate. Saludos Adrian.
13 mins
neutral  philgoddard: Why is "thereof" better than "its"?
4 hrs
neutral  AllegroTrans: Good question from Phil
1 day 4 hrs
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