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Spanish to English translations [PRO] Law/Patents - Law: Contract(s)
Spanish term or phrase:libre y espontánea concurrencia
Can anybody help with this line?
Los intervinientes, según actúan, se reconocen mutuamente la capacidad legal suficiente para celebrar, convenir, concluir y otorgar el presente documento; a cuyo fin y efecto, previa manifestación recíproca de su libre y espontánea concurrencia a este acto de formalización
Explanation: Question needs to expanded to incorporate the preposition 'a' and dispel the ambiguity of 'concurrencia' meaning concurrence with s.o. in sthg.
Concurrencia > attendance (Tom West III's ES/AmE law & business dictionary).
espontánea is another problem as may not have the dictionary-driven meaning of impromptu or 'unbidden' but - as Steve H. adds to his answer and as per web ref - the French meaning of voluntary: aveu spontané = a vountary admission or confession.
There's also the ambiguity of 'free' meaning free of charge vs. unrestricted (Tom West III's dictionary entry again), unforced/ uncompelled or untrammelled.
When I said it doesn't mean of their own free will, I meant that this fails to reflect all that it means. Of the three concepts expressed in "libre", "espontánea" and "concurrencia", it reflects only one.
I don't agree that this means "physical attendance" either. Parties to a contract can often sign it while being in different parts of the world, and through their representatives. In my experience, "concurrencia" relates to a party's naming in, or adherence to, the document. In other words it is their "presence" in the instrument, in the same way as "comparencia" works in litigation documents. I do, however agree that both "libre" and "espontánea" should be translated, as they cannot be considered synonyms. By the way, Charles, if it doesn't mean free will, what does it mean?
Adrian MM. (X)
@ Phil G.
21:10 Jan 22, 2016
'We don't know that they're physically attending the signing' - have you ever been at or supervised a notarial completion without the parties' physical presence, except where a legal entity is represented by an agent? Impersonating is a crime in most countries.
It's of a rudimentary nature, however big it may be, because it gives translation equivalents with no examples to show you how that particular equivalent is applied. Collins and Oxford, to give two examples, are far superior. Just compare their entries for this word.
I don't think you're right about this word, Phil; I don't think "concurrir" can simply mean participate, except in the special context of participating in a competition. One bilingual dictionary, of a rudimentary nature, without explanations, is not a sound basis. "Concurrir a este acto" has to mean being physically present, and that point should not be elided, in my view; the fact that it is certified is alone evidence that it has legal significance. In fact eliding substantive details in legal documents, on the dubious grounds of subjective stylistic preference, is (as you know) a practice I regard as generally unsound.
We don't know that they're physically attending the signing, which is why it's better to say that they're entering into the agreement of their own free will. Concurrir can also mean participate. And Adrian, there's no need to be rude. http://mobile.pons.com/en/dict/search/mobile-results/esen/co...
Adrian MM. (X)
@ Phil G.
15:05 Jan 22, 2016
'It doesn't need a preposition after it, just a full stop.' Don't be ridiculous. It goes on: concurrencia a este acto de formalización-
Explanation: Concurrencia = attendance. Maria Moliner: "2 Conjunto de personas presentes en un espectáculo, fiesta, etc.: ‘La concurrencia escuchó complacida’. 2 Asistencia, asistentes, concurso, entrada, gente, público, el respetable. 4 Lucida, numerosa, nutrida, selecta."
-------------------------------------------------- Note added at 17 mins (2016-01-22 11:51:45 GMT) --------------------------------------------------
It means that they freely and voluntarily appear in the act of formalizing the contract; that there is no defect of will such as duress, fraud, etc.
Steven Hanley (X) United States Local time: 18:01 Works in field Native speaker of: English PRO pts in category: 16
peer agreement (net): -1