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Re: TERM: Pravnicka fraze

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  • 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 1 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 2 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 3 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 4 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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