Oct 13, 2015 21:18
8 yrs ago
9 viewers *
Spanish term
Philippines
Native in: Tagalog 
, English
Works in: Spanish to English, English to Tagalog, Tagalog to English
la voluntad de renovar o rescindir el mismo
Spanish to English
Bus/Financial
Real Estate
lease
"...estipulándose una notificación de 90 (noventa) días de anticipación al vencimiento del presente contrato la voluntad de renovar o rescindir el mismo."
- Commercial lease agreement from Paraguay
- Commercial lease agreement from Paraguay
Proposed translations
(English)
| 5 +3 | intention to renew or rescind it |
Robert Carter
|
| 3 -1 | the intention to renew or rescind (repudiate) the same |
Adrian MM. (X)
|
Proposed translations
+3
11 mins
Robert Carter
Mexico
Mexico
Native in English
Mexico
Translating full-time since 1998
Native in: English (Variant: British) 
Works in: Spanish to English
Related KudoZ points
:
91
Selected
intention to renew or rescind it
"any intention to renew or rescind this agreement shall require notification of 90 (ninety) days before its expiration."
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Note added at 2 hrs (2015-10-13 23:41:53 GMT)
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From Blacks Law:
“The [UCC] takes cognizance of the fact that the term ‘rescission’ is often used by lawyers, courts and businessmen in many different senses; for example, termination of a contract by virtue of an option to terminate in the agreement, cancellation for breach and avoidance on the grounds of infancy or fraud. In the interests of clarity of thought — as the consequences of each of these forms of discharge may vary — the Commercial Code carefully distinguishes three circumstances. ‘Rescission’ is utilized as a term of art to refer to a mutual agreement to discharge contractual duties. ‘Termination’ refers to the discharge of duties by the exercise of a power granted by the agreement. ‘Cancellation’ refers to the putting an end to the contract by reason of a breach by the other party. Section 2-720, however, takes into account that the parties do not necessarily use these terms in this way.” John D. Calamari & Joseph M. Perillo, The Law of Contracts § 21-2, at 864–65 (3d ed. 1987).
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Note added at 2 hrs (2015-10-13 23:49:51 GMT)
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Looking at the above, I think you can get away with "rescission" rather than repudiation, at least in the U.S. that is.
Here is what the UCC says:
§ 2-720. Effect of "Cancellation" or "Rescission" on Claims for Antecedent Breach.
Unless the contrary intention clearly appears, expressions of "cancellation" or "rescission" of the contractor the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach.
So basically, in the US, they appear leave it up to the courts to decide what the contractors meant when using the term rescission.
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Note added at 2 hrs (2015-10-13 23:41:53 GMT)
--------------------------------------------------
From Blacks Law:
“The [UCC] takes cognizance of the fact that the term ‘rescission’ is often used by lawyers, courts and businessmen in many different senses; for example, termination of a contract by virtue of an option to terminate in the agreement, cancellation for breach and avoidance on the grounds of infancy or fraud. In the interests of clarity of thought — as the consequences of each of these forms of discharge may vary — the Commercial Code carefully distinguishes three circumstances. ‘Rescission’ is utilized as a term of art to refer to a mutual agreement to discharge contractual duties. ‘Termination’ refers to the discharge of duties by the exercise of a power granted by the agreement. ‘Cancellation’ refers to the putting an end to the contract by reason of a breach by the other party. Section 2-720, however, takes into account that the parties do not necessarily use these terms in this way.” John D. Calamari & Joseph M. Perillo, The Law of Contracts § 21-2, at 864–65 (3d ed. 1987).
--------------------------------------------------
Note added at 2 hrs (2015-10-13 23:49:51 GMT)
--------------------------------------------------
Looking at the above, I think you can get away with "rescission" rather than repudiation, at least in the U.S. that is.
Here is what the UCC says:
§ 2-720. Effect of "Cancellation" or "Rescission" on Claims for Antecedent Breach.
Unless the contrary intention clearly appears, expressions of "cancellation" or "rescission" of the contractor the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach.
So basically, in the US, they appear leave it up to the courts to decide what the contractors meant when using the term rescission.
Note from asker:
| Thanks! |
3 KudoZ points awarded for this answer.
-1
20 mins
the intention to renew or rescind (repudiate) the same
renovar: roll over if the same agreement, renew if a different one.
Unilaterally (?) rescind the lease: there's some doubt in EN contract whether such 'termination' is possible, as opposed to 1. mutually by both sides or 2. by court order in Equity, namely as a discretionary remedy - not autmatially available, but lies in the court's discretion.
Rescission would in EN law discharge the contract and bring the parties back to their original position. Query: whether that would happen here. If not, repudiation might be a better bet.
Unilaterally (?) rescind the lease: there's some doubt in EN contract whether such 'termination' is possible, as opposed to 1. mutually by both sides or 2. by court order in Equity, namely as a discretionary remedy - not autmatially available, but lies in the court's discretion.
Rescission would in EN law discharge the contract and bring the parties back to their original position. Query: whether that would happen here. If not, repudiation might be a better bet.
Reference:
http://www.proz.com/kudoz/spanish_to_english/other/553317-de_la_voluntad_de_las_partes.html
Note from asker:
| Thanks! |
Peer comment(s):
| disagree |
Billh
: you have yourself explained what rescission means - here it just means terminate which is a common meaning of this in spanish but not english// quite. this is not the english meaning of recscission
11 hrs
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More complicated than termination cf ‘resolución’ > Bosch, Dicc de derecho esp: Si la acción pretende remediar al perjuicio causado, es rescisión *restitutoria; si se pretende deshacer el contrato, rescisión *revocatoria’ Cod. civ. es., arts. 1.290 et seq
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