Nov 2, 2005 09:38
18 yrs ago
79 viewers *
Italian term

padre di famiglia

Italian to English Other Business/Commerce (general)
Bank requirements for a loan.
I've seen this in other similar contracts but I've always found it rather strange and so informal. Would you suggest a simple literal translation?
"tenere da buono e diligente padre di famiglia i beni offerti in garanzia..."

Discussion

John Walsh (asker) Nov 2, 2005:
It refers to the borrower.
DCypher (X) Nov 2, 2005:
John, is this term being used to refer to the lender or the borrower? My sense is the recipient (borrower). In which case I would propose a very different tack.








Proposed translations

+7
8 mins
Selected

normal due diligence

This expression, 'diligenza del buon padre di famiglia' is used a lot in the Italian law system to define the normal due diligence to be used in carrying out activities.
Peer comment(s):

agree Jean Martin : or "all due diligence" which is a phrase commonly used in contracts.
37 mins
agree ejike
1 hr
agree Antonio Caselli
1 hr
agree Jo Macdonald
3 hrs
agree Peter Cox
3 hrs
agree silvia b (X)
3 hrs
agree S K
4 hrs
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4 KudoZ points awarded for this answer. Comment: "thx"
5 mins

as a reasonable man

You cannot translate it literally. The concept of the "good father of a family" is usually expressed in English by the idea of "the reasonable man"
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9 mins

in a careful and responsible manner

or just 'carefully'. anyway, it's usually in the sense.
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3 hrs

reasonable diligence / prudent man rule

HTH
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+2
5 hrs

good and diligent custodian/keep and maintain

With the context given, this reads that the borrower is held responsible for maintaining the assets pledged (guaranteeing the load) in good value. The borrow has an obligation to maintain the assets and ensure, to the extent possible, that they do not lose value (in terms of use or in terms of market value). Otherwise the value of the guarantee/pledge/collateral diminishes and the loan moves from a truly secured loan to an unsecured loan. If I trash my house immediately after mortgaging it, for example.

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Note added at 5 hrs 3 mins (2005-11-02 14:42:43 GMT)
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following is one example from a U.S. loan document (property given as guaranteed/security)

keep and maintain the Properties in a good state of repair and condition and consistent with the AREC Loan Documents and past practices;
Peer comment(s):

agree Paul Packer : agree, this meets the case more precisely
19 hrs
agree marionclarion
1 day 3 hrs
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