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Glossary entry

Spanish term or phrase:

en su interpretación y aplicación obligará no solamente...

English translation:

in its interpretation and implementation the parties will be bound

Added to glossary by Lucy Breen
Sep 15, 2022 11:49
1 yr ago
23 viewers *
Spanish term

en su interpretación y aplicación obligará no solamente...

Spanish to English Law/Patents Law: Contract(s) Commercial contract - Colombia
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.
Proposed translations (English)
3 +3 in its interpretation and implementation the parties will be bound
4 - in the construction and operation thereof - shall be binding, not only

Discussion

Lucy Breen (asker) Sep 16, 2022:
Thank you Lisa for your comments. Will you be posting this as an alternative answer to those already submitted?
Lisa Rosengard Sep 15, 2022:
I understand it reads: 'The private agreement is exploited in good faith, while considering that not one of those involved relies on limitations ... in order to make use of it, through that which its intention and purpose are included in the document. The application of the terms and conditions explained in the document or contract shall oblige not only that which is expressly agreed by the parties or those involved, but also all that corresponds with the nature and cause in support of the equity and market customs ... '

Proposed translations

+3
45 mins
Selected

in its interpretation and implementation the parties will be bound

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-
Note from asker:
Thanks Phil that's very nicely unravelled! I think you've nailed it!
OOPS! Sorry
Peer comment(s):
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!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Many thanks "
1 hr
Spanish term (edited): en su interpretación y aplicación obligará no solamente...

- in the construction and operation thereof - shall be binding, not only

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:

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-aplicación-e-interpretación-construction

http://www.amazon.com/Statutory-Construction-Interpretation-Legislative-Conventions/dp/1587331926

Note from asker:
Thanks Adrian
Peer comment(s):
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
Something went wrong...