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en forma alícuota (en lo relativo a este contrato)

English translation: an equal share (in relation to this agreement)

19:37 Oct 5, 2019
Spanish to English translations [PRO]
Law/Patents - Law: Contract(s) / contrato de cesión de derechos
Spanish term or phrase: en forma alícuota (en lo relativo a este contrato)
Essentially, I'm translating this assignment agreement (obviously, with the names of the parties and other details filled in): https://www.academia.edu/25600470/CONTRATO_CESION_DE_DERECHO...

Séptima.-
Cada una de las partes pagará los derechos correspondientes en forma alícuota en lo relativo a este contrato.

I understand "en forma alícuota" is probably "proportionally", and I suspect they meant something like "proportionally to/in accordance with this agreement" but it doesn't seem to make sense - after all, the parties aren't dividing anything up - simply transferring/assigning/selling and purchasing rights.

By the way, there are other parts of the agreement that are poorly written (e.g. "en la que cuyos datos") or haven't been adapted to the specific agreement in question (it was mostly just copied and pasted, as far as I can tell) - so this may just be another example. Can anyone confirm?

Source text is from Mexico; translation is for the U.S.
Joshua Parker
Mexico
Local time: 22:28
English translation:an equal share (in relation to this agreement)
Explanation:
There seems to be a few ways to interpret the word "alícuota" and its English cognate "aliquot", but the one that makes the most sense to me here is "equal part".

En el campo económico y jurídico se usan las alícuotas para dividir un patrimonio, traduciendo todos los bienes a su valor en dinero y dividiéndolo en partes iguales o cuotas idénticas que son una proporción del todo.
https://deconceptos.com/ciencias-naturales/alicuota

A positive divisor of n which is different from n is called a proper divisor or an aliquot part of n.
https://en.wikipedia.org/wiki/Divisor

None of the other meanings (a certain percentage, a certain amount) make sense here because that certain amount is not provided.

I therefore read "en forma alícuota" as meaning that the parties will have to pay an equal part of the fees (as Adrian mentions, this probably means stamp tax, registration fees, etc.), e.g., if there are two parties, they will each pay 50%.

"Each party shall pay an equal share of the relevant fees relating to this agreement"

Selected response from:

Robert Carter
Mexico
Local time: 23:28
Grading comment
This is what I used and I think this is the most likely interpretation - the other meanings don't really work here. Thanks to all.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +1on a fractionally apportioned basis (insofar as relates hereto)
Adrian MM.
3 +1an equal share (in relation to this agreement)
Robert Carter
3 -1to pay propotionally (to validate the contract)
Juan Arturo Blackmore Zerón


Discussion entries: 4





  

Answers


51 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
to pay propotionally (to validate the contract)


Explanation:
The parts have to pay proportionally the proper fees/taxes/costs to the state, notary or oficial in order to validated the contract.

Juan Arturo Blackmore Zerón
Mexico
Local time: 00:28
Works in field
Native speaker of: Spanish
PRO pts in category: 12

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: en lo relativo a este contrato doesn't mean to validate the contract
3 hrs
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
on a fractionally apportioned basis (insofar as relates hereto)


Explanation:
> derechos correspondientes, again - see Helena C's weblink in the discussion entries - I think these are registration and stamp duties vs. prof. fees on an aliquot /evenly apportioned/ *dutiable* basis: alícuota > (Arg.) tax rate (West) 'in so far as relates hereto' or 'in matters relating to this contract'.

BTW. aliquot is defined in Barron's US law dictionary as (Lat) an even part of the whole; one part contained in a whole which is evenly divisible, i.e. without leaving any remainder. In the case of a resulting trust, it is a particular *fraction*.....

- but query whether aliquot would be acceptable for US consumption.

I reserve judg(e)ment on whether "en la que cuyos datos" is 'right' or 'wrong' in Mexico.

Example sentence(s):
  • OECD to consider worldwide fractional apportionment An OECD working party will begin detailed technical work on three profit-allocation proposals, including fractional apportionment at the level of the multinational group.

    Reference: http://eng.proz.com/kudoz/spanish-to-english/bus-financial/3...
    Reference: http://www.merriam-webster.com/dictionary/aliquot
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 278

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans
2 hrs
  -> 'Unapportioned' thanks and gracias.
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8 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
an equal share (in relation to this agreement)


Explanation:
There seems to be a few ways to interpret the word "alícuota" and its English cognate "aliquot", but the one that makes the most sense to me here is "equal part".

En el campo económico y jurídico se usan las alícuotas para dividir un patrimonio, traduciendo todos los bienes a su valor en dinero y dividiéndolo en partes iguales o cuotas idénticas que son una proporción del todo.
https://deconceptos.com/ciencias-naturales/alicuota

A positive divisor of n which is different from n is called a proper divisor or an aliquot part of n.
https://en.wikipedia.org/wiki/Divisor

None of the other meanings (a certain percentage, a certain amount) make sense here because that certain amount is not provided.

I therefore read "en forma alícuota" as meaning that the parties will have to pay an equal part of the fees (as Adrian mentions, this probably means stamp tax, registration fees, etc.), e.g., if there are two parties, they will each pay 50%.

"Each party shall pay an equal share of the relevant fees relating to this agreement"



Robert Carter
Mexico
Local time: 23:28
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 558
Grading comment
This is what I used and I think this is the most likely interpretation - the other meanings don't really work here. Thanks to all.

Peer comments on this answer (and responses from the answerer)
agree  philgoddard
4 hrs
  -> Thanks, Phil.
neutral  AllegroTrans: I wonder if there is actually a proportion at work here, defined elsewhere in the contract and based on the number of shares held by each shareholder
6 hrs
  -> Thanks, Chris. That's a possibility, but absent that information, I think this is a reasonable assumption.
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