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subsistiendo en (sus obligaciones y estipulaciones)

English translation: (the obligations and stipulations...) shall remain in force

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:subsistiendo en (sus obligaciones y estipulaciones)
English translation:(the obligations and stipulations...) shall remain in force
Entered by: Claudia Luque Bedregal

01:12 Dec 21, 2012
Spanish to English translations [PRO]
Law/Patents - Insurance / D&O liability insurance
Spanish term or phrase: subsistiendo en (sus obligaciones y estipulaciones)
En la parte de las definiciones, tengo el siguiente texto:

Vigencia: El periodo durante el cual el presente contrato surtirá efectos subsistiendo en sus obligaciones y estipulaciones, mismo que se precisa en la carátula de la póliza.

I'm having problemas with "subsistir en".
Thank you for your help.
Claudia Luque Bedregal
Italy
Local time: 19:04
(the obligations and stipulations...) shall remain in force
Explanation:
"Subsistir" (permanecer, durar, mantenerse) refers to the obligations and stipulations in the contract continuing in time. I don't think this can be satisfactorily expressed in a natural way by following the literal order of the original, and I suggest recasting it more or less as follows:

"The period during which the obligations and stipulations contained/set out in this contract shall remain in force."

"Remain" captures "subsistir", and "shall remain in force" covers "surtirá efecto, subsistiendo". This is sufficient; nothing is lost. "Remain in force" and "remain in effect" are synonymous; either could be used.

I don't like "ITS obligations and stipulations" anyway; that possessive seems forced to me in English. The more natural way to do it is "the obligations and stipulations in this contract".

You certainly can say "the present contract" for "el presente contrato" if you prefer; that's quite legitimate. Personally I usually tend to put just "this contract"; it's a matter of taste.

--------------------------------------------------
Note added at 9 hrs (2012-12-21 10:32:37 GMT)
--------------------------------------------------

Another possibility would be to expand my suggestion slightly to stay closer to the original:

"The period during which this contract shall be effective and the obligations and stipulations contained/set out in it shall remain in force."

This might be better, although I don't think it really makes any practical difference. "Subsistiendo" here is an example of that very common use of the present participle in legal Spanish, which is usually best translated by "and" and a main verb.
Selected response from:

Charles Davis
Spain
Local time: 19:04
Grading comment
Thank you Charles! And Happy Holidays to everybody :-)
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2(the obligations and stipulations...) shall remain in force
Charles Davis
4with its subsisting (obligations and provisions)
Adrian MM. (X)
3in regards to
jack_speak
Summary of reference entries provided
remaining obligations and conditions
José Patrício

  

Answers


5 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
subsistiendo en
in regards to


Explanation:
Term: the period during which this contract shall be binding in regards to its obligations and stipulations...

--------------------------------------------------
Note added at 5 hrs (2012-12-21 06:21:22 GMT)
--------------------------------------------------

"... an international agreement that would be legally binding in regards to a framework for sustainably managing the world’s forest resources."
http://www.nordictimber.org/tag/forest-management

"but it is not binding in regards to legislation that goes..."
http://www.jedreport.com/2010/12/house-dems-vote-to-reject-d...

jack_speak
Local time: 13:04
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 20
Notes to answerer
Asker: Thanks Jack.

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9 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
(the obligations and stipulations...) shall remain in force


Explanation:
"Subsistir" (permanecer, durar, mantenerse) refers to the obligations and stipulations in the contract continuing in time. I don't think this can be satisfactorily expressed in a natural way by following the literal order of the original, and I suggest recasting it more or less as follows:

"The period during which the obligations and stipulations contained/set out in this contract shall remain in force."

"Remain" captures "subsistir", and "shall remain in force" covers "surtirá efecto, subsistiendo". This is sufficient; nothing is lost. "Remain in force" and "remain in effect" are synonymous; either could be used.

I don't like "ITS obligations and stipulations" anyway; that possessive seems forced to me in English. The more natural way to do it is "the obligations and stipulations in this contract".

You certainly can say "the present contract" for "el presente contrato" if you prefer; that's quite legitimate. Personally I usually tend to put just "this contract"; it's a matter of taste.

--------------------------------------------------
Note added at 9 hrs (2012-12-21 10:32:37 GMT)
--------------------------------------------------

Another possibility would be to expand my suggestion slightly to stay closer to the original:

"The period during which this contract shall be effective and the obligations and stipulations contained/set out in it shall remain in force."

This might be better, although I don't think it really makes any practical difference. "Subsistiendo" here is an example of that very common use of the present participle in legal Spanish, which is usually best translated by "and" and a main verb.

Charles Davis
Spain
Local time: 19:04
Native speaker of: English
PRO pts in category: 116
Grading comment
Thank you Charles! And Happy Holidays to everybody :-)
Notes to answerer
Asker: Hi Charles, I kept thinking of using prevail but it didn't sound right, that's why I posted the question. Thank you, your rendering is perfect! I think I'll use your first answer. Saludos.


Peer comments on this answer (and responses from the answerer)
agree  Mariano Wadi Jacobo
3 hrs
  -> Thanks, Mariano :)
agree  Billh: I would not use 'shall' here, it implies an obligation rather than a statement of fact, better 'with the ..... remaining in force'
3 hrs
  -> Thanks, Bill :) Noted, and your formulation would be fine here.
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1 day 15 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
with its subsisting (obligations and provisions)


Explanation:
jusdt change the word order: it will be clear it's the contract being referred to: will be effective with its subsisting or continuing...




Example sentence(s):
  • There are subsisting contractual obligations .

    Reference: http://www.proz.com/?sp=gloss/term&id=2906182
    Reference: http://www.tatateleservices.com/mnp.aspx
Adrian MM. (X)
Local time: 19:04
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 77
Notes to answerer
Asker: Thank you Tom!

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Reference comments


31 mins
Reference: remaining obligations and conditions

Reference information:
https://www.google.com/search?q=subsisting as its obligation...

José Patrício
Portugal
Native speaker of: Native in PortuguesePortuguese
Note to reference poster
Asker: Thanks.

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