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Re: [Czechlist] Capital Letters

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  • Michael L. Grant
    ... The capital letter in English contracts means, roughly, as defined herein , i.e. not just any seller but the particular Seller named at the head of the
    Message 1 of 7 , Oct 1, 2003
      On Thursday, October 2, 2003, at 10:55 AM, Zuzana Kočičková wrote:

      > can you give me a rule for using capitalized letters in Czech
      > translations of English contracts. I mean words with general meaning,
      > such as Seller, Licensor, Agreement... I am never sure.

      The capital letter in English contracts means, roughly, "as defined
      herein", i.e. not just any seller but the particular Seller named at
      the head of the document. AFAIK there's no such convention in Czech, so
      it's probably best just to use lower case.


      > I would also appreciate explanation of obligation and liability
      > becasue both can be translated as povinnost or závazek.

      Liability is often ruceni, but there's no clear one-to-one
      correspondence between the English and Czech terms. Generally an
      obligation is something one is bound to do or perform, whereas a
      liability is something one must (actually or potentially) pay or supply.

      Michael
    • Inka Corvus
      Agree, just want to add that we use obligation more in connection with contracts, while liabilities more in accounting - you have assets = a building or
      Message 2 of 7 , Oct 1, 2003
        Agree, just want to add that we use "obligation" more in connection with contracts, while "liabilities" more in accounting - you have assets = a building or equipment you owe, and liabilities = unpaid bills, loans etc.. Speaking from everyday experience, not as a translator.

        Inka
        Tempe, AZ

        "Michael L. Grant" <trans@...> wrote:
        On Thursday, October 2, 2003, at 10:55 AM, Zuzana Ko�i�kov� wrote:

        > can you give me a rule for using capitalized letters in Czech
        > translations of English contracts. I mean words with general meaning,
        > such as Seller, Licensor, Agreement... I am never sure.

        The capital letter in English contracts means, roughly, "as defined
        herein", i.e. not just any seller but the particular Seller named at
        the head of the document. AFAIK there's no such convention in Czech, so
        it's probably best just to use lower case.


        > I would also appreciate explanation of obligation and liability
        > becasue both can be translated as povinnost or z�vazek.

        Liability is often ruceni, but there's no clear one-to-one
        correspondence between the English and Czech terms. Generally an
        obligation is something one is bound to do or perform, whereas a
        liability is something one must (actually or potentially) pay or supply.

        Michael



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      • Matej Klimes
        ... Purists will maintain this (lower case), but IMHO when a contract is complicated, this helps a lot - I also have lots of clients who routinely use it -
        Message 3 of 7 , Oct 1, 2003
          > On Thursday, October 2, 2003, at 10:55 AM, Zuzana Kočičková wrote:
          >
          > > can you give me a rule for using capitalized letters in Czech
          > > translations of English contracts. I mean words with general meaning,
          > > such as Seller, Licensor, Agreement... I am never sure.
          >
          > The capital letter in English contracts means, roughly, "as defined
          > herein", i.e. not just any seller but the particular Seller named at
          > the head of the document. AFAIK there's no such convention in Czech, so
          > it's probably best just to use lower case.

          Purists will maintain this (lower case), but IMHO when a contract is
          complicated, this helps a lot - I also have lots of clients who routinely
          use it - they are American Law firms, true... and it's beginning to become a
          standard, or at least a perfectly correct usage, again - this is in real
          life, not in a dusty library or a linguist's office


          Matej
        • Helena Subrtova
          ... But some Czech lawyers demand upper case for these words. Helena
          Message 4 of 7 , Oct 2, 2003
            Michael L. Grant wrote:

            >On Thursday, October 2, 2003, at 10:55 AM, Zuzana Kočičková wrote:
            >
            >
            >
            >>can you give me a rule for using capitalized letters in Czech
            >>translations of English contracts. I mean words with general meaning,
            >>such as Seller, Licensor, Agreement... I am never sure.
            >>
            >>
            >
            >The capital letter in English contracts means, roughly, "as defined
            >herein", i.e. not just any seller but the particular Seller named at
            >the head of the document. AFAIK there's no such convention in Czech, so
            >it's probably best just to use lower case.
            >
            >
            >
            >
            >>I would also appreciate explanation of obligation and liability
            >>becasue both can be translated as povinnost or závazek.
            >>
            >>
            >
            >Liability is often ruceni, but there's no clear one-to-one
            >correspondence between the English and Czech terms. Generally an
            >obligation is something one is bound to do or perform, whereas a
            >liability is something one must (actually or potentially) pay or supply.
            >
            >Michael
            >
            >
            >-
            >
            But some Czech lawyers demand upper case for these words.
            Helena
          • Michael L. Grant
            ... Then accommodate your client s wishes, of course--no problem then, right? Michael
            Message 5 of 7 , Oct 2, 2003
              On Thursday, October 2, 2003, at 02:18 AM, Helena Subrtova wrote:

              > But some Czech lawyers demand upper case for these words.

              Then accommodate your client's wishes, of course--no problem then,
              right?
              Michael
            • Zuzana Kočičková
              Hi Listamtes, can you give me a rule for using capitalized letters in Czech translations of English contracts. I mean words with general meaning, such as
              Message 6 of 7 , Oct 2, 2003
                Hi Listamtes,
                can you give me a rule for using capitalized letters in Czech translations of English contracts. I mean words with general meaning, such as Seller, Licensor, Agreement... I am never sure.

                I would also appreciate explanation of obligation and liability becasue both can be translated as povinnost or z�vazek.
                Thanks a lot.

                Zuzana

                [Non-text portions of this message have been removed]
              • mike trittipo
                ... In terms of preferable use, I d say that obligation refers to something prospectively viewed, before the fact: something that one is supposed to do,
                Message 7 of 7 , Oct 2, 2003
                  >. . .appreciate explanation of obligation and liability . . ..
                  >

                  In terms of preferable use, I'd say that "obligation" refers to
                  something prospectively viewed, before the fact: something that one is
                  supposed to do, either because one has promised to do so, or because the
                  law says one should do so. So it's looking forward, and referring to a
                  duty (which may or may not end up being performed as it ought to be).
                  "Liability," in contrast, is much more often used after the fact, to
                  refer to the *consequences* of having *not* performed some obligation or
                  duty. If someone does not fulfill a legal or contractual obligation,
                  they will be liable in damages for the failure to do so.
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