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TERM: Pravnicka fraze

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  • Melvyn Clarke
    ... To begin: The contracting parties declare that they have concluded this Agreement of their own free will... I reckon your own true free will is no
    Message 1 of 5 , Nov 29, 1999
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      >Mili kolegove a kolegyne,
      >posledni dobou se na konci smluv objevuje stale casteji tato posetila
      >fraze, v ruznych obmenach, a zda se, ze se casem zabydli. Bude mi nekdo
      >napomocen radou, jak jeji preklad vylepsit a vylestit?
      >Diky,
      >Paul
      >
      >Smluvni strany prohlasuji, ze tato smlouva byla uzavrena podle jejich prave
      >a svobodne vule, vazne, srozumitelne, nikoli v tisni nebo za napadne
      >nevyhodnych podminek.
      >
      >The parties declare that they concluded this Agreement in accordance with
      >their own true will, deliberately, comprehensibly, under no duress, as a
      >bona fide arm's- length transaction.

      To begin:

      The contracting parties declare that they have concluded this Agreement of
      their own free will...

      I reckon your "own true free will" is no different from your "own free
      will". (?)



      "in all earnestness" comes to mind but I wouldn't insist on it.



      At the end:
      "or on terms/under conditions which are to the obvious disadvantage of
      either party.

      "Obvious" collocates better with "disadvantage" but maybe "conspicuous"
      might be considered too. Slight potential difference of meaning, in fact.



      Melvyn
    • Alastair Millar
      ... Hmmm... I d be tempted to try something like: The Contracting Parties affirm that they have entered into this Agreement solemnly of their own free will,
      Message 2 of 5 , Nov 29, 1999
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        It was written thus:

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


        Hmmm... I'd be tempted to try something like:
        "The Contracting Parties affirm that they have entered into this Agreement
        solemnly of their own free will, in full understanding of the consequences
        of their actions, and without duress or the compulsion to accept
        unfavourable terms."

        Anyone else?

        Alastair
      • 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 3 of 5 , Apr 2, 2002
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          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 4 of 5 , Apr 3, 2002
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            ----- 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 5 of 5 , Apr 4, 2002
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              --- 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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