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May 22, 2011 19:33
12 yrs ago
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Spanish term

antecedentes, declaraciones y cláusulas

Spanish to English Law/Patents Law: Contract(s)
I've read the posting on Antecedentes vs. declaraciones http://www.proz.com/kudoz/spanish_to_english/law_patents/574... but am interested in other opinions. As you know "antecedentes, declaraciones y clausulas" is of common use at the end of the first paragraph of Mexican contracts and agreements. I'm trying to avoid the old-fashioned use of whereas by using the heading "recitals" (for antecedentes), then simply list them without the word "whereas". But I wonder what to use for "declaraciones" when both "antecedentes" and "declaraciones" appear in the original document? Often, there is only one "antecedente" followed by the "declaraciones", appearing as follows:
"ANTECEDENTE(S)
SOLE. El (fecha) las Partes de este Convenio celebraron un Contrato de…"

(then the "declaraciones" appear usually made by "El Representante", almost always starting with):

"DECLARACIONES
I. EL REPRESENTANTE DEL XXX DECLARA QUE:
I.1 Su representada es una sociedad mercantil debidamente constituida…"
Thus I have a couple more questions:
1) could I translate "antecedentes, declarations y clausulas" as just "recitals and clauses", then for the heading, "ANTECEDENTE(S)" use the heading "BACKGROUND/INTRODUCTORY RECITAL(S)" and for "DECLARATIONS" simply "RECITALS"? which leads me to my next question.
2) If "declara" comes under "RECITALS", how to translate "declara" in "EL REPRESENTANTE DEL XXX DECLARA QUE"?
Maybe "RECITALS MADE BY THE ATTORNEY-IN-FACT OF XXX:"? or "THE ATTORNEY-IN-FACT OF XXX REPRESENTS THAT"?
Sorry for my long-windedness, probably a reflection on my confusion on the matter.

Proposed translations

7 hrs

premises, statements and clauses

hopefully it helps....PC
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+1
1895 days

recitals/whereas, words of agreement, and clauses

I found this on a website, which I thought might help (website linked below):

"As explained in previous chapters, a contract requires an exchange of promises (or promise for immediate action). The words of agreement indicate the parties' intention to manifest their agreement to the promises (and other terms) contained in the rest of the agreement."

So it would depend on what the content of the declaraciones is, but if you can reliably separate it from the recitals insofar as it includes stated intentions rather than pure facts, it could be a possible solution.
Peer comment(s):

agree Rosa Paredes : I use Recitals in this case for 'declaraciones.
1125 days
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