construe against

Russian translation: истолковывать против (стороны-)составителя

12:32 Apr 17, 2020
English to Russian translations [PRO]
Law/Patents - Computers: Software / Software license
English term or phrase: construe against
Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not be used to construe this License against a Contributor.
YaroslavShvayko
Russian translation:истолковывать против (стороны-)составителя
Explanation:
CONTRACT AMBIGUITIES CONSTRUED AGAINST DRAFTER
The Latin term contra proferentem is a contract principle that provides that an ambiguous or uncertain term in a contract will be construed against the party that caused the uncertainty to exist. Civ. Code§ 1654. Ambiguities are contract language that is difficult to comprehend or distinguish. Royal Neckwear Co. v. Century City, Inc., 205 Cal.App.3d 1146, 1153 (1988).

In a practical sense, the person that “caused the uncertainty to exist” is the person that drafted the agreement. Thus, the general rule is that ambiguities in the drafting of contracts are construed against the drafter. Sands v. E.I.C., Inc., 118 Cal.App.3d 231 (1981).

This rule will benefit the average consumer who is handed a “boilerplate” contract and asked to sign it, or they won’t get a credit card. If, however, some revisions are made by both parties, the question of who drafted the contract can become essential to the determination of a contract dispute.

https://www.bc-llp.com/when-is-a-contract-considered-mutuall...
Selected response from:

Mikhail Zavidin
Ukraine
Local time: 04:16
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +1истолковывать против (стороны-)составителя
Mikhail Zavidin
4 -1толковаться по отношению
Turdimurod Rakhmanov


  

Answers


6 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
толковаться по отношению


Explanation:
"толковаться по отношению"

Turdimurod Rakhmanov
Kyrgyzstan
Local time: 07:16
Native speaker of: Native in UzbekUzbek, Native in KirghizKirghiz

Peer comments on this answer (and responses from the answerer)
disagree  Boris Shapiro: So, if a judge rules against the plaintiff and in favour of the complainant, you in your 'life' routinely translate that as simply "по отношению" to both of them? Without going into any specifics whatsoever? Cool. You must be very popular with plaintiffs.
17 mins
  -> Thanks, have you ever attempted to translate the legal texts in your "life"? "Against" is translated по отношению. Верно. Контекст внимательно не дочитал.
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45 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
истолковывать против (стороны-)составителя


Explanation:
CONTRACT AMBIGUITIES CONSTRUED AGAINST DRAFTER
The Latin term contra proferentem is a contract principle that provides that an ambiguous or uncertain term in a contract will be construed against the party that caused the uncertainty to exist. Civ. Code§ 1654. Ambiguities are contract language that is difficult to comprehend or distinguish. Royal Neckwear Co. v. Century City, Inc., 205 Cal.App.3d 1146, 1153 (1988).

In a practical sense, the person that “caused the uncertainty to exist” is the person that drafted the agreement. Thus, the general rule is that ambiguities in the drafting of contracts are construed against the drafter. Sands v. E.I.C., Inc., 118 Cal.App.3d 231 (1981).

This rule will benefit the average consumer who is handed a “boilerplate” contract and asked to sign it, or they won’t get a credit card. If, however, some revisions are made by both parties, the question of who drafted the contract can become essential to the determination of a contract dispute.

https://www.bc-llp.com/when-is-a-contract-considered-mutuall...

Mikhail Zavidin
Ukraine
Local time: 04:16
Works in field
Native speaker of: Native in RussianRussian
PRO pts in category: 148

Peer comments on this answer (and responses from the answerer)
agree  Boris Shapiro: Безусловно. И вот ещё более релевантный пример из Apple Public Source License: http://fxr.watson.org/fxr/source/APPLE_LICENSE?v=xnu-1699.24...
15 hrs
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