pacto comissório

English translation: comissory pact

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:pacto comissório
English translation:comissory pact
Entered by: Martin Riordan

11:30 Oct 21, 2016
Portuguese to English translations [PRO]
Law/Patents - Law: Contract(s)
Portuguese term or phrase: pacto comissório
This is a clause in a contract that annuls a purchase and sale agreement if the buyer defaults on its obligations.

http://www.dicionarioinformal.com.br/significado/comiss�rio/106...
Martin Riordan
Brazil
Local time: 20:38
comissory pact
Explanation:
http://www.oalib.com/paper/1065504#.WAn9j2ddbIU
the prohibition of the comissory pact is one of the most ancient institutions in private law...
Selected response from:

Margarida Martins Costelha
Portugal
Local time: 23:38
Grading comment
In this case, I think this is the best option. Thanks to all who contributed!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1comissory pact
Margarida Martins Costelha
4agreement of forfeiture
Mario Freitas
3defeasance clause; (US contract) avodiance clause
Kim Kardasho (X)
2forfeiture clause
T o b i a s


Discussion entries: 1





  

Answers


6 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
comissory pact


Explanation:
http://www.oalib.com/paper/1065504#.WAn9j2ddbIU
the prohibition of the comissory pact is one of the most ancient institutions in private law...

Margarida Martins Costelha
Portugal
Local time: 23:38
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in category: 16
Grading comment
In this case, I think this is the best option. Thanks to all who contributed!

Peer comments on this answer (and responses from the answerer)
agree  Maria Teresa Borges de Almeida
10 mins
  -> Obrigada, Teresa

neutral  Gilmar Fernandes: If you google "comissory pact" one finds only about 124 occurrences and they're all literal translations of Portuguese, Spanish, Romanian papers..../ Not sure, that's why I didn't post an answer.
2 hrs
  -> Ok, what do you suggest?

neutral  T o b i a s: Ditto Gilmar. I get 19 Google occurrences.
5 days
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6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
agreement of forfeiture


Explanation:
https://www.google.com.br/?gws_rd=ssl#q="pacto comissório" "...

Mario Freitas
Brazil
Local time: 20:38
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 333
Login to enter a peer comment (or grade)

33 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
defeasance clause; (US contract) avodiance clause


Explanation:
Defeasance clause: commonly found in US and UK mortgages (Scotalnd: standard security), but not necessarily.

Pacto comisorio: clause allowing for rescission upon breach of contract: Tom West III' ES/AmE law & business dictionary.

contrast:

a condition precedent > (Scots law) a suspensive condition
a condition subsequent > (Scots law) a resolutive condition

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Note added at 46 mins (2016-10-21 12:16:38 GMT)
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avoidance clause...

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Note added at 6 hrs (2016-10-21 18:24:48 GMT)
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PS forfeiture clause in my first web ref: usually applies only to forfeiture of a money deposit, not of goods sold - as may be the case here.

Example sentence(s):
  • Definition of defeasance: Stipulation in an agreement which provides for its cancellation under specified conditions

    Reference: http://www.proz.com/kudoz/spanish_to_english/law_general/361...
    Reference: http://www.sgrlaw.com/blog/tags/avoidance-clause/
Kim Kardasho (X)
United Kingdom
Local time: 23:38
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
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10 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5
forfeiture clause


Explanation:
Perhaps. See

http://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?a...

T o b i a s
Native speaker of: Native in EnglishEnglish
PRO pts in category: 60
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