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TERM: Pravnicka fraze

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  • melvyn.geo
    Hello everybody, Here s an item that has cropped up a couple of times on this list over ... napadne nevyhodnych podminek. I just noticed the following in the
    Message 1 of 5 , Apr 2, 2002
      Hello everybody,


      Here's an item that has cropped up a couple of times on this list over
      the years:

      >Smluvni strany prohlasuji, ze tato smlouva byla uzavrena podle jejich
      >prave a svobodne vule, vazne, srozumitelne, nikoli v tisni nebo za
      napadne nevyhodnych podminek.

      I just noticed the following in the Trade Links translation of the
      Civil Code. My alternatives are in brackets.

      Section 37(1)
      Pravni ukon musi byt ucinen svobodne a vazne, urcite a srozumitelne

      Acts in law must be made (perfomed) of (one's own) free will and in
      earnest, in a definite (?definitive) and intelligible manner...

      while "v tisni za napadne nevyhodnych podminek" crops up in Section
      49:

      A party who concluded a contract under duress on strikingly
      disadvantageous terms has the right to withdraw from that contract.

      M.
    • PSS Praha - Coilin O' Connor
      ... From: melvyn.geo To: Sent: Wednesday, April 03, 2002 12:51 AM Subject: [Czechlist] TERM: Pravnicka fraze
      Message 2 of 5 , Apr 3, 2002
        ----- Original Message -----
        From: "melvyn.geo" <zehrovak@...>
        To: <Czechlist@yahoogroups.com>
        Sent: Wednesday, April 03, 2002 12:51 AM
        Subject: [Czechlist] TERM: Pravnicka fraze


        > Hello everybody,

        Hi Melvyn

        Good to have you back.

        > Here's an item that has cropped up a couple of times on this list over
        > the years:
        >
        > >Smluvni strany prohlasuji, ze tato smlouva byla uzavrena podle jejich
        > >prave a svobodne vule, vazne, srozumitelne, nikoli v tisni nebo za
        > napadne nevyhodnych podminek.

        I hate the final provisions of a lot of Czech contracts. They always seem
        to go a few adjectives/adverbs beyond what seems natural in English.

        FWIW, I always try to break up these long Czech sentences, as I personally
        think English "likes it short and sweet". I would suggest something like
        the following for this clause:

        The contracting parties declare that this contract has been concluded
        pursuant to their own true and free will in a solemn and comprehensible
        manner. They further declare that it was neither concluded under duress nor
        under any markedly disadvantageous conditions

        (usually followed by "as proof thereof they hereby append their signatures"
        blah di blah)


        Best regards

        Coilin
      • melvyn.geo
        ... jejich ... za ... always seem ... English. Don t they just? ... personally ... like ... concluded ... comprehensible ... duress nor ... signatures ... I d
        Message 3 of 5 , Apr 4, 2002
          --- In Czechlist@y..., "PSS Praha - Coilin O' Connor"
          <coilin.oconnor@s...> wrote:

          > >
          > > >Smluvni strany prohlasuji, ze tato smlouva byla uzavrena podle
          jejich
          > > >prave a svobodne vule, vazne, srozumitelne, nikoli v tisni nebo
          za
          > > napadne nevyhodnych podminek.
          >
          > I hate the final provisions of a lot of Czech contracts. They
          always seem
          > to go a few adjectives/adverbs beyond what seems natural in
          English.

          Don't they just?

          >
          > FWIW, I always try to break up these long Czech sentences, as I
          personally
          > think English "likes it short and sweet". I would suggest something
          like
          > the following for this clause:
          >
          > The contracting parties declare that this contract has been
          concluded
          > pursuant to their own true and free will in a solemn and
          comprehensible
          > manner. They further declare that it was neither concluded under
          duress nor
          > under any markedly disadvantageous conditions
          >
          > (usually followed by "as proof thereof they hereby append their
          signatures"
          > blah di blah)
          >

          I'd say that compares very favourably with other versions in the
          archives. 'Solemn' is an interesting idea.

          Breaking up great wodgy paragraphs into bite-sized chunks is
          definitely helpful in legal texts. I can't think of any argument
          against it. Ovsem (?However, of course), quite a few English-language
          lease agreements, insurance policies and so forth could do with this
          treatment too, as unhappy Czech colleagues often relate.

          It's a different story for other genres, though. I find that texts for
          tourist consumption, for example, often have too many short jerky
          sentences as the author shoots random facts out all over the place,
          and they need a good smoothing-over.

          M.
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