Lectura 2 - Contratos Traducir Al Español - en - Es

ABOUT ME (HTTPS://LEGALSPAINTRANS.
COM/ABOUT-ME/)
SERVICES (HTTPS://LEGALSPAINTRANS.COM/SERVICES/)
(https://legalspaintrans.com/rob-
CONTACT (HTTPS://LEGALSPAINTRANS.COM/CONTACT/)
lunn-legal-trans/)
BLOG (HTTPS://LEGALSPAINTRANS.COM/BLOG/)
EBOOK (HTTPS://LEGALSPAINTRANS.COM/A-SYSTEMATIC-APPROACH-
TO-TRANSLATING-CONTRACTS-INTO-ENGLISH-EBOOK-DOWNLOAD-
PAGE/) (htt
HOME (HTTPS://LEGALSPAINTRANS.COM/ROB-LUNN-LEGAL-TRANS/) You
(HTTPS://LEGALSPAINTRANS.COM/INDEXES/) fro
(HTTPS://LEGALSPAINTRANS.COM/INDEXCA/)
Spa
(htt
How to translate the start of a (htt

Spanish contract into English
12/04/2017 (https://legalspaintrans.com/legal-translation/how-to-translate-
the-start-of-a-spanish-contract-into-english/) Rob Lunn NEED A LEGAL (htt
(https://legalspaintrans.com/en/author/rob-lunn/) TRANSLATOR?
About me
(https://legalspaintrans.
com/about-me/)
Contact me
com/contact/)
SUBSCRIBE TO
GET BLOG
UPDATES!
We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will
(https://legalspaintrans.com/wp- assume that you are happy with it.
Name
content/uploads/2017/04/small12-point-stars-in-
Ok (#) No (#) Privacy policy (https://legalspaintrans.com/privacy-notice/)
colors.jpg)Translating the introductory clauses of Spanish
contracts into English can be confusing — a bit like trying to Email*
fit square pegs into round holes, particularly if you rely

solely on bilingual resources. This is because the starts of Submit
Spanish and English contracts differ, both in form and
content (i.e., the structure and the information contained).
To further muddy the waters, the headings and sections in

the introduction can differ from one Spanish contract to
EBOOK
another. The information contained in them varies, and
sometimes you find one heading; other times, two. Which
English translations should you use in each case? Should (htt
you use the same translations all the time, even when the
Spanish varies? This post tries to answer both these
You
questions. But first let’s look at the root of the problem — fro
how the starts of Spanish and English contracts differ — in
more detail. Spa
The difference between the introductory (htt

clauses in Spanish and English
contracts (https://legalspaintrans.
com/a-systematic- (htt
While English contracts only mention the parties to the approach-to-translating-
contract in the introductory clause, Spanish contracts state contracts-into-english-
the parties and the people signing the contract for them — ebook-download-page/) (htt
their representatives or agents. Spanish contracts also
provide information on these agents, both personal details
information (e.g., address, ID number and company
registration number) and the grounds on which they can
act on behalf of the parties (e.g., power of attorney or CONTRACT
powers granted by a company resolution).
TRANSLATION
In English contracts, the agent is implicitly whoever signs Tips on contract

the contract on behalf of the party, who may, of course, be translation
the same person. You don’t usually find any mention of the (https://legalspaintrans.
agents in the introductory clause. You also find far less com/tag/contract-
translation/)
details on the parties, usually just their names and maybe

Resources for contract
their addresses.
translation
Even when the party and the representative are the same com/tag/resources-for-
in Spanish contracts, the introductory clause usually puts contract-translation/)
the agent side of things first. I.e., it assume
first tells
thatyou whohappy
you are is with it.
appearing and signing the document and then tells you that
they are representing themselves — doing this either in one
section under one heading or in two under two headings,
just as occurs when the party and representative are YOUR OPINION
different persons.
Click here to leave a
Either by custom or regulation, in Spanish you always find testimonial
an explicit reference to the representatives in the (https://legalspaintrans.
introductory clause that you don’t find in English. Article com/leave-a-
testimonial/)
1258 of the Spanish Civil Code states that parties must be
represented by agents authorised to act on their behalf. So
maybe this is the reason for always making such a
statement in contracts. (htt
“ Artículo 1259. Ninguno puede contratar a POPULAR POSTS You

nombre de otro sin estar por éste autorizado o fro
sin que tenga por la ley su representación
legal. El contrato celebrado a nombre de otro
“Shall”, “must” or
Spa
something else for
por quien no tenga su autorización o obligation in legislation
representación legal será nulo, a no ser que lo and legislation-type
(htt
ratifique la persona a cuyo nombre se otorgue documents?
antes de ser revocado por la otra parte (https://legalspaintrans.
contratante. com/legal-
(htt
translation/shall-must-
or-something-else-for-
In any case, the introductory clauses of Spanish contracts

obligation-in-legislation-
(htt
and-legislation-type-
have more information and structure (i.e., headings and
documents/)
paragraphs) than English contracts. How do we deal with
these elements in translation? How to translate some
key Spanish notary
What to do about it terms into English

com/legal-
Leave it out?
translation/how-to-
translate-some-key-
Given that contracts in English don’t usually state the
spanish-notary-terms-
agents in the introductory clause, if you were translating
into-english/)
the contract very functionally, you might decide to leave
out any reference to them at the start of the contract. How to translate the
However, in usual translation scenarios, you probably start of a Spanish
wouldn’t choose this option. First, because it will often contract into English
mean leaving out information contained in the source (https://legalspaintrans.
contract (details on the agents and their powers of com/legal-
representation). Second, because you’d obscure the view of translation/how-to-
assume that you are happy with it.
how the document operates and exists in the source system translate-the-start-of-a-
— usually an underlying aim if no-one briefs you to the
contrary. Of course, if a client wants you to adapt the spanish-contract-into-
contract for another legal system, then you might want to english/)
get rid of paragraphs and information not needed in the
The most important
target system. However, this is not the usual situation faced distinction: form versus
by translators. So we would just about always keep these content
bits in our translation. (https://legalspaintrans.
com/legal-
One section or two translation/the-most-
important-distinction-
The introductory clause in Spanish contracts either consists form-versus-content/)
of one or two sections, regardless of whether the parties
How to translate de una
(htt
are representing themselves or not. So you often have two
headings to translate (the headings to the two sections):
parte and de otra parte You
into English (contract
translation tip 9) fro
1. Reunidos, usually, but you also find things like
Las partes.
Spa
com/legal-
The representatives signing the contract.
translation/how-to-
2. Intervienen (or versions of this like Intevención y
capacidad).
translate-de-una-parte-
(htt
and-de-otra-parte-into-
Who the representatives are signing on behalf of (i.e., the english-contract-
parties). translation-tip-9/)
(htt
Quick tip for translating
The Reunidos section introduces the agents of the parties
contracts (3): what
and gives their details. Even when this first section has a
tense where (htt
heading like Las partes, the representatives are usually
stated; not the parties to the contract. Who the agents are
com/legal-
representing and their details come in the Intervienen
translation/quick-tip-for-
section. In this second section, you also usually find details
translating-contracts-3-
on the legal instruments enabling representation (e.g.,
what-tense-where/)
power or attorney or notarial certificate of incorporation).
Quick tip for translating
If you get just one heading, it will usually be Reunidos, contracts (4): distinguish
although it could be something like Reunidos-intervienen. between formulaic
In this case, all the above information comes in one language and contract
section, usually in the same order as above. information

com/legal-
Even with one heading, the two sets of details may come in
translation/quick-tip-for-
separate paragraphs. And even when the parties are
translating-contracts-4-
representing themselves, you often still get two sections or
distinguish-between-
paragraphs. The whole section is usually phrased from the
formulaic-language-and-
point of view
We use of tothe
cookies agents,
ensure not
that we the
give parties.
you the bestIn other words,
experience on our website. If you continue to use this site we will
contract-information/)
the agents are introduced first, and assume
then the
thatparties
you are are
happy with it.
Ok (#) No (#) Official translations of

Privacy policy (https://legalspaintrans.com/privacy-notice/)
Spanish legislation and
introduced as the persons being represented. This focus translating in a vacuum
differs to in English contracts in which the contract is clearly (https://legalspaintrans.
between and all about the parties. com/legal-
translation/offcial-
Transparent or equivalent translation? translations-of-spanish-

legislation-and-
You have a couple of options for translating the translating-in-a-
introductory titles and sections. The content in these vacuum/)
sections are usually straightforward enough to translate. The confusing and

However, you don’t want to use misleading equivalent mysterious world of
headings. You avoid this trap by understanding what is being an imputado (htt
happening in the sections and keeping in mind that you (https://legalspaintrans.
aren’t compelled to use any set or correct heading given com/legal-spain/the-
You
that in English the sections are different. confusing-and- fro
mysterious-world-of-
(By and) Between + And being-an-imputado/) Spa
Daños doesn’t equal
The functionally equivalent option is to use something you
typically find in English contracts, like “Between + And” to
damages and the
(htt
difference between
introduce the parties, with “Between” as a translation for
damage and damages
Reunidos and “And” being inserted prior to the introduction
of the second party. Notice I said “party”. This is the key to
(htt
com/legal-
using this option: try to always introduce the parties with it; translation/danos-
not the representatives. If you automatically translate
Reunidos as “Between”, you may make the representatives
doesnt-equal-damages-
(htt
and-the-difference-
look like the parties as this is what “Between + And” between-damage-and-
usually introduce in English contracts. damages/)
To avoid this possible source of confusion, you can recast

the wording so that the parties come first in the Reunidos
paragraphs that state both the parties and the agents,
which might look, at the bare minimum, something like
this: SEARCH THIS
BLOG
Between
Party A, … [party’s details]… , represented by Agent A,

[agent’s details]
And
Party B, … [party’s details]… , represented by Agent RSS
assume that you are B,
happy with it.
[agent’s details]
Thus, this option works well when there is only one heading (http
(Reunidos) before the recitals or there are two sections but s://l
the first section contains the parties and the second, the egals
agents (not usually the case). paint

rans.
It also works well when the parties are representing com/

en/f
themselves, regardless of whether there are one or two
eed/
sections or the order of information. Given that the parties
rss/)
and the representatives are one and the same, you won’t
be confusing anyone by using “Between”. Although even in
this case you need to be mindful of the phrasing. (htt
However, normally when there are two sections with (http://www.ciol.org.uk/ You
headings, the agents come first. In this case, when the )
fro
parties are not representing themselves, it’s probably better
not to use “Between + And” for the reason stated above Spa
(i.e., to avoid confusing the representatives with the
parties). You could use “Between + And” in the second
section (i.e., in Intervienen), but doing this will usually
(htt
break the flow of the text and doesn’t follow what you
normally see in English contracts (i.e., with “Between” up
(htt
first). Thus, when there are two sections and headings, you
might be better off using the transparent solutions (http://www.metmeetin
discussed in the next section. gs.org/)
(htt
The transparent option
The transparent option, which gives the reader a more

bare-bones glimpse of the original, involves using headings
that describe what’s going on. So to introduce the agents
(usually in the first section under the heading Reunidos),
you might use something like “Acting herein”. For the
second section, which introduces the parties and states the
grounds on which the agents are representing them or that
the parties are representing themselves, you might use
something like “Acting on behalf of”, “Representation” or
“Representing”. I.e.: CONNECT WITH
ME
1. Appearing herein/Acting herein
[This section introduces the representatives of the parties.]
(http (http (http
2.We
Acting on behalf
use cookies of/Representing/Representation
to ensure that we give you the best experience on our website. If you continue to use
s://p ://w this site we will
s://t
[This section introduces who the agents arethat
assume representing
you are happy with it.
lus.g ww.li witte
(the parties) and
Okwhy
(#) they
Nocan.]
(#) oogl nked r.co
Privacy policy (https://legalspaintrans.com/privacy-notice/)
The point here is that the actual translation doesn’t matter e.co in.co m/#!
as these headings don’t exist in English contracts. We just TAGSm/in /Rob
m/u/
need to use something that tells the reader what is going 0/10 /robl _Lun
on that doesn’t lead to any confusion. Confusion in this 4253 unnt n)

CAT tools,
City University,
case might be that a reader thinks that the representatives 4287 ransl
civil law,
conferences,
are the parties or that they can’t understand why so many 7685 ator)
contracts,
contract
0321
people are being introduced.
translation,
846/
CPD,
post
CPD for legal
Above all, be flexible translators,
s)
culture-
specific terms,
dación en
You will, of course, end up using similar translations for pago,
dictionaries, (htt
these headings. However, the key is to be flexible. I find dissertation,
home
You
that I have a couple of different options depending on the repossession in Spain,
home
structure, details and the order of the details in the source repossessions in Spain, fro
legal English,
contract. Be prepared to use different translations for the
LegalSpain,
legal
Spa
headings and also to change the order within the
paragraphs so that any equivalent headings you use like Spain,
Legal
“Between + And” make sense.
Spain Term, (htt
To be flexible, you need to distinguish between form and legal
content (discussed in this post (htt
(https://legalspaintrans.com/legal-translation/quick-tip-for- translation,
translating-contracts-4-distinguish-between-formulaic- legal translation theory,
language-and-contract-information/)). Indeed, translating Louisiana Civil Code, (htt
the introductory clause is a good example of why it’s MA legal translation,
important to make such a distinction. If you see the text master's degree City
too rigidly (as a uniform sea of terms without distinguishing University,
between form and content), you will tend to look for set, Mediterranean Editors
correct translations for each term. If you rigidly stick to the and Translators,
METM11,
METM14,
same translations, in some cases you may end up with
METM16,
monolingual,
misleading translations for some of the form or functional
news,
non-equivalent
elements. When you distinguish between form and content,
term,
notary public,
this shouldn’t happen as you will know when to concentrate
plain English,
resources
on just rendering the details accurately and when the
function or job the terms are doing is more important. for contract
translation,
Related Posts: resources for
1 How to translate de una parte and de otra legal
parte into English (contract translation tip 9)
We use
translators,
cookies to ensure that we give you the best experience on our website. If you continue to use this site we will
(https://legalspaintrans.com/legal-
assume that you are happy with it. Spain,
Spanish civil-law
translation/how-to-translate-de-una-parte-
notaries,
Spanish
Constitution,
Spanish
and-de-otra-parte-into-english-contract- legal system,
Spanish
translation-tip-9/) news,
Spanish news
2 Quick tip for translating contracts (4): and current
distinguish between formulaic language and affairs,
style,
contract information terminology research,
(https://legalspaintrans.com/legal- translating
translation/quick-tip-for-translating-
contracts,
contracts-4-distinguish-between-formulaic-
translation,
translation
language-and-contract-information/)
approaches,
Translating notary terms 3: How to translate
(htt
3
the names of Spanish public-form notarial

acts into English You
translation/translating-notary-terms-3-how- fro
CATEGORIES
to-translate-the-names-of-spanish-public- Spa
form-notarial-acts-into-english/)
Contract translation
4 How to translate some key Spanish notary
terms into English
(htt
com/category/contract-
translation/)
translation/how-to-translate-some-key-
spanish-notary-terms-into-english/) CPD (htt
com/category/cpd/)
(htt
Humour
Written by Rob Lunn (https://legalspaintrans.

(https://legalspaintrans.com/e com/category/off-
n/author/rob-lunn/)
topic/humour/)
Rob Lunn is a freelance legal translator
based in Spain. He translates from Spanish Legal English
and Catalan into English. (https://legalspaintrans.
com/category/legal-
english/)
Legal news & comment

Contract translation
(https://legalspaintrans.com/category/contract-translation/), Legal com/category/legal-
translation (https://legalspaintrans.com/category/legal-translation/)
spain/legal-news-
contract translation
(https://legalspaintrans.com/tag/contract-translation/), legal comment/)
translation (https://legalspaintrans.com/tag/legal-translation-2/)
Legal Spain
com/category/legal-
assume that you are happy with it. spain/)

Legal Spain Style Guide
6 comments to “How to (https://legalspaintrans.
com/category/legal-
translate the start of a Spanish spain-style-guide/)
contract into English” Legal Spain Term

com/category/legalspain
term/)
Eric Schwartz
(http://www.en.eastranslation.com/) Legal translation
27/09/2017 at 20:12 (https://legalspaintrans.com/legal-
com/category/legal-
(htt
translation/how-to-translate-the-start-of-a-spanish-contract-
translation/) You
into-english/#comment-85952)
MA Legal Translation fro
This post has been really helpful for me,
thanks.
com/category/cpd/city- Spa
ma-legal-translation/)
But I can’t figure out how to handle this in
notary documents when it refers to the
comparecientes.
Off topic
(htt
com/category/off-topic/)
Just like you talk about in your post, the
comparecientes in these documents are not Resources (htt
always the same as the “parties” to the
com/category/resources/
transaction. They’re the agents, the
representatives.
) (htt
Spanish legal system
Sometimes I’ve used “appearing party” (but (https://legalspaintrans.
now I think this is a confusing mix) or com/category/legal-
“appearing person”. Also, I see that spain/spanish-legal-
Louisiana law has “appearer”, but it only has system/)
10,000 hits in google.
Translation in general
I had thought of “signatory”, but that would (https://legalspaintrans.

com/category/translatio
also include the Notary.
n-in-general/)
I had also thought about the “individual Uncategorized

representing the party”, but I thought it (https://legalspaintrans.
might be an overtranslation. com/category/uncategor
ized/)
Or the “individual acting herein”?
We use cookies toDo

ensure that we
you have give
any you about
ideas the best experience on our website. If you continue to use this site we will
this?
REPLY (HTTPS://LEGALSPAINTRANS.COM/LEGAL-
TRANSLATION/HOW-TO-TRANSLATE-THE-START-OF-A-
SPANISH-CONTRACT-INTO-ENGLISH/?
REPLYTOCOM=85952#RESPOND)
Rob Lunn (Author)

01/10/2017 at 10:24
(https://legalspaintrans.com/legal-translation/how-to-
translate-the-start-of-a-spanish-contract-into-
english/#comment-85963)
Hi Eric,
(htt
I guess you mean “compareciente”
when it comes up in the text. (In the You
headings you can normally get away
fro
with “appears”, “appearing herein” or
some version depending on the text Spa
around it. Notary documents can also
have 2 headings, e.g., “comparece”
and “intervención”, so you can do (htt
something similar to what’s stated in
the post, e.g., “representation” for the
second heading.) (htt
I have used “appearing party” or “party

appearing” in the body of the (htt
document but I try to avoid it as it
sounds a bit awkward. Depending on
the document, the “compareciente”
might be referred to as something else
throughout, too (the buyer, owner,
beneficiary, etc.). In those cases, I
often replace “compareciente” with
that other name.
I’ve also used “appearer” and like it

better than “appearing party”. Only for
notarial documents, though. It’s very
formal, but I think it’s OK for this type
of document as it appears to be used
by English notaries. I know West in his
legal dictionary says “appearer” doesn’t
exist
We use cookies to ensure thatinwe
English, but
give you theyou
bestcan find it on our website. If you continue to use this site we will
experience
used by English assume
notariesthat
on you
the are
Web.happy with it.
Take this page for example:
http://www.parkerarrenberg.co.uk/notary.ht
(http://www.parkerarrenberg.co.uk/notary.h
I’ve also got a book by a Spanish
notary and Spanish and English lawyer,
Javier Pérez-Manglano, which uses
“appearer” in sample documents at the
end of the book. So I’d go with it for
these formal documents.
I agree that “individual acting herein”

is too long-winded and “signatory” is
probably misleading.
(htt
TRANSLATION/HOW-TO-TRANSLATE-THE-START-OF-A- You
fro
Spa
Eric Schwartz
(http://www.en.eastranslation.com/)
17/10/2017 at 19:58 (https://legalspaintrans.com/legal- (htt
(htt
Great. Thanks a lot for your answer! That’s
helpful.
(htt
Adrian MM.
(https://www.linkedin.com/in/adrian-
m-melman-alt-mehlmann-
b5443999/)
27/02/2019 at 12:31 (https://legalspaintrans.com/legal-
Don’t forget the common extensions to the

parties of ‘de una parte’ y ‘de la otra parte’ >
of the one part and of the other part. (Best
not leave out, as some translators do) vs. of
the first and second part – which in UK vs.
Ok (#) and
US-Am NoCanadian
(#) Privacy policyimply
law would (https://legalspaintrans.com/privacy-notice/)
a third
and more parties joining in e.g. of the third
and fourth part to a purchase deed of
unregistered land.
PS the term of appearer is an accepted term

used in the ‘Notary’s Bible’ of Brooke’s
Notary (Sweet & Maxwell).
(htt
Rob Lunn (Author) You
03/03/2019 at 11:23
fro
translate-the-start-of-a-spanish-contract-into- Spa
I do actually leave “de una parte/de la

(htt
otra parte” out, although always clearly
showing how many parties there are
and making sure they’re properly
(htt
referenced throughout the document.
REPLY (HTTPS://LEGALSPAINTRANS.COM/LEGAL- (htt

Rob Lunn (Author)

03/03/2019 at 11:26
translate-the-start-of-a-spanish-contract-into-
Yes “appearer” is definitely an

accepted notary term in England and
Wales. Just keep in mind you can only
really count on notaries being familiar
with it.

Leave a Reply
Your email address will not be published. Required fields
are marked
*
COMMENT
(htt
You
NAME *
fro
Spa
EMAIL *
WEBSITE
(htt
(htt
POST COMMENT
(htt
This site uses Akismet to reduce spam. Learn how your

comment data is processed (https://akismet.com/privacy/).
© Rob Lunn Legal Trans
About me (https://legalspaintrans.com/about-me/)
Services (https://legalspaintrans.com/services/)
Contact (https://legalspaintrans.com/contact/)
Privacy notice (https://legalspaintrans.com/privacy-notice/)
Home (https://legalspaintrans.com/rob-lunn-legal-trans/)
Español (https://legalspaintrans.com/indexes/)
Català (https://legalspaintrans.com/indexca/)

Lectura 2 - Contratos Traducir Al Español - en - Es

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Lectura 2 - Contratos Traducir Al Español - en - Es

Uploaded by

Copyright:

Available Formats

ABOUT ME (HTTPS://LEGALSPAINTRANS.

How to translate the start of a (htt

fit square pegs into round holes, particularly if you rely

To further muddy the waters, the headings and sections in

The difference between the introductory (htt

In English contracts, the agent is implicitly whoever signs Tips on contract

details on the parties, usually just their names and maybe

“ Artículo 1259. Ninguno puede contratar a POPULAR POSTS You

antes de ser revocado por la otra parte (https://legalspaintrans.

In any case, the introductory clauses of Spanish contracts

What to do about it terms into English

section, usually in the same order as above. information

Ok (#) No (#) Official translations of

Transparent or equivalent translation? translations-of-spanish-

You have a couple of options for translating the translating-in-a-

introductory titles and sections. The content in these vacuum/)

sections are usually straightforward enough to translate. The confusing and

To avoid this possible source of confusion, you can recast

Party A, … [party’s details]… , represented by Agent A,

agents (not usually the case). paint

It also works well when the parties are representing com/

The transparent option, which gives the reader a more

on that doesn’t lead to any confusion. Confusion in this 4253 unnt n)

too rigidly (as a uniform sea of terms without distinguishing University,

the names of Spanish public-form notarial

Written by Rob Lunn (https://legalspaintrans.

Legal news & comment

Ok (#) No (#) Privacy policy (https://legalspaintrans.com/privacy-notice/)

contract into English” Legal Spain Term

I had thought of “signatory”, but that would (https://legalspaintrans.

I had also thought about the “individual Uncategorized

We use cookies toDo

Rob Lunn (Author)

I have used “appearing party” or “party

I’ve also used “appearer” and like it

I agree that “individual acting herein”

Don’t forget the common extensions to the

PS the term of appearer is an accepted term

I do actually leave “de una parte/de la

REPLY (HTTPS://LEGALSPAINTRANS.COM/LEGAL- (htt

Rob Lunn (Author)

Yes “appearer” is definitely an

Ok (#) No (#) Privacy policy (https://legalspaintrans.com/privacy-notice/)

This site uses Akismet to reduce spam. Learn how your

Ok (#) No (#) Privacy policy (https://legalspaintrans.com/privacy-notice/)

You might also like