Obligarse solidariamente

English translation: assume joint and several obligations

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:Obligarse solidariamente
English translation:assume joint and several obligations
Entered by: Robert Carter

15:03 Aug 18, 2020
Spanish to English translations [PRO]
Bus/Financial - Business/Commerce (general)
Spanish term or phrase: Obligarse solidariamente
Hi guys,

This is from the articles of association of a Mexican company and the full sentence is as follows:

"Otorgar avales y obligarse solidariamente, además de constituir garantías a favor de terceros."

Could this just be relating to providing joint and several guaranties, as well as issuing guarantees for third parties?

Any insights would be very welcome.

Thanks!
Nick
Nicholas Isard
Spain
Local time: 05:59
assume joint and several obligations
Explanation:
"Otorgar avales" and "obligarse solidariamente" are basically two sides of the same coin in Mexico as both terms refer to guaranteeing an obligation/becoming a guarantor (i.e., assuming a joint and several obligation or becoming a joint and several obligor). You could therefore also word it as "Execute third-party guarantees and act as joint and several obligor..."

"Because one of the joint and several obligors may have recourse against the other joint and several obligor under Subsection (b), each party that is jointly and severally liable under Subsection (a) is a secondary obligor in part and a principal obligor in part, as those terms are defined in Section 3-103(a) [55-3-103 NMSA 1978]."
https://law.justia.com/codes/new-mexico/2018/chapter-55/arti...

"In the event there is more than one pool assembler for any CUSIP #, then all such pool assemblers must execute and deliver the same Undertaking and assume joint and several obligations hereunder"
https://www.newyorkfed.org/medialibrary/media/markets/TALF_U...

Selected response from:

Robert Carter
Mexico
Local time: 21:59
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1assume joint and several obligations
Robert Carter
3 +1to be jointly and severally liable
Antonella Perazzoni


Discussion entries: 2





  

Answers


5 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
to be jointly and severally liable


Explanation:
In contract, joint and several liability arises when two or more persons jointly promise in the same contract to do the same thing, but also separately promise to do the same thing.


    https://uk.practicallaw.thomsonreuters.com/8-200-1391?transitionType=Default&contextData=(sc.Default)&firstPage=true
Antonella Perazzoni
Argentina
Local time: 00:59
Does not meet criteria
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 14

Peer comments on this answer (and responses from the answerer)
agree  Toni Castano: Yes, something along these lines: https://www.proz.com/kudoz/spanish-to-english/law-general/52...
46 mins
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1 day 2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
assume joint and several obligations


Explanation:
"Otorgar avales" and "obligarse solidariamente" are basically two sides of the same coin in Mexico as both terms refer to guaranteeing an obligation/becoming a guarantor (i.e., assuming a joint and several obligation or becoming a joint and several obligor). You could therefore also word it as "Execute third-party guarantees and act as joint and several obligor..."

"Because one of the joint and several obligors may have recourse against the other joint and several obligor under Subsection (b), each party that is jointly and severally liable under Subsection (a) is a secondary obligor in part and a principal obligor in part, as those terms are defined in Section 3-103(a) [55-3-103 NMSA 1978]."
https://law.justia.com/codes/new-mexico/2018/chapter-55/arti...

"In the event there is more than one pool assembler for any CUSIP #, then all such pool assemblers must execute and deliver the same Undertaking and assume joint and several obligations hereunder"
https://www.newyorkfed.org/medialibrary/media/markets/TALF_U...



Robert Carter
Mexico
Local time: 21:59
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 212
Notes to answerer
Asker: Hi Robert, In the end, I have gone for "Executing joint and several guaranties, as well as issuing guarantees for third parties." My understanding is that the first part is about being jointly and severally liable for the company's debt, and the second for the debt of third parties.

Asker: Hi Robert, sorry to bother you again, third proofreading and I'm still stuck with this. So would "constituir garantías" be redundant? I.e. "J. Otorgar avales y obligarse solidariamente, así como constituir garantías a favor de terceros." would just be "J. Executing third-party guarantees and acting as joint and several obligors."? Thanks so much for your help.


Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans
1 day 4 hrs
  -> Thanks, Chris.
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