Glossary entry

Portuguese term or phrase:

exploração, operação

English translation:

exploitation, operation

Added to glossary by Ana Vozone
Dec 22, 2020 16:41
3 yrs ago
28 viewers *
Portuguese term

exploração, operação

Portuguese to English Law/Patents Law: Contract(s) Motorway concession contract
A integração de lacunas, bem como as inconsistências verificadas entre os diversos Documentos Contratuais aplicáveis à Concessão e à sua conservação, exploração, operação e manutenção, que não puderem ser sanadas pelo recurso às regras gerais de interpretação, resolver-se-ão em conformidade com os seguintes critérios:

The phrase "conservação, exploração, operação e manutenção" is repeated various times in the contract.

The issue is the distinction made between exploração and operação, as I would normally translate both terms as operation, in this context.

I suppose exploração refers to commercial/business operation, while operação refers to the practical operation of the motorway in terms of repairs, tolls, etc.
Change log

Dec 28, 2020 09:37: Ana Vozone Created KOG entry

Discussion

Mark Robertson (asker) Dec 22, 2020:
@Cláudia Not really, as your reference does not make the distinction in question.
Concession Rights Does this help?
“ "Concession Rights" means all the rights conferred and obligations imposed on the Concessionaire pursuant to this Concession Contract for the purposes of the Project, including, without limitation, the right to design, construct, commission, operate, maintain, repair, charge and collect tolls on the Highway and raise revenues from Developments;”
https://ppp.worldbank.org/public-private-partnership/sites/p...

Proposed translations

+1
1 hr
Selected

exploitation, operation

Peer comment(s):

agree Mario Freitas : Sim, a exploração neste caso é claramente comercial.
4 hrs
Obrigada, Mário!
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4 KudoZ points awarded for this answer. Comment: "Thank you Ana. Your answer is confirmed by my research, which located various examples of exploitation of motorways. Be that as it may, it still does not sound right to my en-gb ears. I would normally only use exploitation with this meaning to refer to the use of and benefitting from resources. However, the definition in the Cambridge Dictionary aligns with you: "the use or development of something for profit or progress in business"."
+1
14 mins

exploitation

I understand you can separate them by using the word "exploitation", as it means not only to exploit something economically, but also with other purposes.
Example sentence:

"Exploitation Agreements means Contracts pursuant to which any Person has acquired, established, developed or granted any rights to Exploit any portion of the applicable Library or any of such Library’s components." : https://www.lawinsider.com/dictiona

Note from asker:
That had occurred to me but exploitation of a motorway concession does not "sound" right to me, particularly as reference is also made to "exploração corrente" (routine exploitation??).
Peer comment(s):

agree Sergio Carré : http://shorturl.me/qnsp e também https://shorturl.me/scpb
2 hrs
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1 hr

toll earnings, planned activity

:) Exploração é como ganhar a "grana" para fazer tudo (ou quase) nas rodovias; um exemplo é a cobrança de pedágio.
Operação envolve as atividades planejadas durante um ciclo anual; por exemplo, a operação para determinados feriados como natal e passagem de ano.


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Note added at 2 hrs (2020-12-22 18:46:07 GMT)
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A operação é o gerenciamento da rodovia para atingir suas finalidades com eficiência.

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Note added at 2 hrs (2020-12-22 18:50:18 GMT)
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Outro exemplo é a operação "Fátima" na Rio-S.Paulo no dia de NSa de Fátima, quando a estrada fica congestionada de fieis.
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2 hrs

benefit from, operate and benefit from

benefit from, operate
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3 hrs

management

“ Management of Concessionaire
The Concessionaire shall at all times ensure that it has sufficient suitable appropriately qualified personnel to undertake the responsibilities vested in the Concessionaire hereunder and that such personnel shall be located in the [host country]. Without limiting the generality of the foregoing the Concessionaire shall ensure that the Key Personnel positions are always filled as soon as reasonably possible.”
https://ppp.worldbank.org/public-private-partnership/sites/p...

“ A tender for the design, construction, operation and management of the port for export of coal was won by four coal exporters, i.e., users of the port, that belonged to the same group.”
https://one.oecd.org/document/DAF/COMP/GF(2019)12/en/pdf

“Concession holders may, for example, build and manage motorways, provide airport services, or operate water distribution networks.”
https://ec.europa.eu/growth/single-market/public-procurement...


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5 hrs

development, operation

Suggestion.
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6 hrs
Portuguese term (edited): exploração vs. operação de Concessão

working / harnessing / vs. operation of a Concession

running and working are synonyms of operation, whilst husbandry, 'milking', 'pumping', marshalling and tapping into the concession ought also be contenders on an 'exploratory' basis. Quaere: how it differs from 'valorização'.

Otherwise, unsolicited, conservação vs. manutenção > upkeep vs. maintenance.
Example sentence:

The Center for Innovative Finance Support's Value Capture program explores strategies for tapping into the added value that transportation improvements bring to nearby properties as a means to provide new funding for surface transportation improvements.

en forestry practice COM forestry COM forest enterprise COM forest husbandry COM forestry activity COM pt exploração florestal

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