Aug 11, 2022 19:37
1 yr ago
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Spanish term

en orden a su expresa vigencia

Spanish to English Law/Patents Law: Contract(s)
This is from a Peruvian contract and I am not quite sure about its meaning. Does anybody know?

Las partes ratifican como sus domicilios los señalados en la introducción del presente Contrato, obligándose a notificar notarialmente cualquier variación ***en orden a su expresa vigencia***.

Discussion

Adrian MM. Aug 12, 2022:
OT @ AB Give it a rest.
Adrian MM. Aug 12, 2022:
charabia @ Oliver Toogood alias Andrew Bramhall I'm unsure why OT alias AB is quoting a French designer label, but there is no confirmation involved. The address change - or the contract relaunch date, it's ostensibly ambiguous - takes effect on receipt of the notarial notice. Adrian M. Maitland.
Andrew Bramhall Aug 12, 2022:
Mr Melmann has completely missed the point here! The " variación" at play here is the change of address of the parties." Express operativeness of the variation" is charabia.It's just an effective date for the change of address.
Toni Castano Aug 12, 2022:
Ana is on the right track My interpretation goes in this direction too. "En orden a" in the sense of "with regard(s) to", "in accordance with" or something else along these lines.
Adrian MM. Aug 12, 2022:
OT alias AB @ operativeness It's not the start date of the contract term, but the operation of the Variation. Similarly, the 'operative date of death' is a legal fiction when such is presumed e.g. in an accident.
Andrew Bramhall Aug 12, 2022:
"Express operativeness ( of such variation)" Is this a roundabout way of saying its stated term date, as suggested by Ana?
Ana Vozone Aug 11, 2022:
as regards its stated term date

Stated Term Date means, in respect of each Lender, April 30, 2008, or if such Lender has from time to time extended its Stated Term Date pursuant to an accepted ..
A bond that is callable has a chance of being retired earlier than its stated term to maturity.
A tenancy that has not reached the end of its stated term or has not existed for the time periods stated in subsection (a) of this section may be terminated

Proposed translations

36 mins

in order to confirm their validity

Las partes ratifican como sus domicilios los señalados en la introducción del presente Contrato, obligándose a notificar notarialmente cualquier variación ***en orden a su expresa vigencia
The parties confirm their addresses as those set out at the beginning of this contract, and give an undertaking to notify any change ( of residence details) to a notary, in order to expressly confirm their (=any change of residence details) validity
Obviously, address amendment details aren't " in force" as such, they are merely valid.
Peer comment(s):

neutral Jennifer Levey : Surely it means the notification - to the other party(ies) - shall be notarized in order to establish that notice has been given.//Exactly - so why do you write 'notify any change ... to a notary'? It will be made official by a notary.
5 mins
In order to make it official, for service of process purposes, I'd imagine, and to avoid any party claiming ignorance of a development because they hadn't received their notifications at the right address// Sorry, yes, BY or THROUGH a notary; my bad.
neutral AllegroTrans : not to a notary
2 hrs
Sorry yes, BY or THROUGH a notary;
neutral Toni Castano : “En orden a” in the (wrong) sense you mention requires a verb after the expression, which is not the case here. // Well, it doesn´t surprise me you don´t.
15 hrs
Sorry, don't follow your logic// Well, express yourself with more clarity then! Your sentence sounds confused.
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2 hrs
Spanish term (edited): en orden a su expresa vigencia

with a view to its express operativeness (of such variation)

obligándose a notificar notarialmente : covenanting to give notarial notice of any variation (namely) with a view to such coming into express operation or explicit force.

Subsistence would imply the variation is already in force.

Example sentence:

variation date means the date on which clause 4 of the variation agreement made on or about 17 November 2010 between the State and the Company comes into operation

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