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  3. Law: Contract(s)

incurra en comportamientos

English translation: Ask the client

01:27 Jun 2, 2020
Spanish to English translations [PRO]
Law/Patents - Law: Contract(s) / Clinical Trial Agreement
Spanish term or phrase: incurra en comportamientos
Si X, X y/o X incumplieran alguna de las disposiciones establecidas en la presente cláusula, dicho incumplimiento se considerará como incumplimiento grave de este Contrato y dará derecho a la PERSONA X a resolverlo con efecto inmediato mediante notificación por escrito al X, a la X y/o el X, sin que por ello la PERSONA X incurra en comportamientos.

Can anybody shed any light on what the last phrase "sin que por ello el Promotor incurra en comportamientos" is trying to get across here? It doesn't seem to make any sense to me. Conduct? Behavior?

This is a document containing amendments to a clinical trial agreement. Many thanks for any insights!
Amy Merrill
New Zealand
Local time: 16:33
English translation:Ask the client
Explanation:
This is very likely a mistake in the original. "Resolver el contrato sin incurrir en incumplimiento" is what you'll find in standard contract clauses in Spanish and it would make perfect sense here. Also, if you wanted to use "comportamiento", you would need to qualify it with an adjective (as in the references shown by other colleagues). I would try to clarify this with the client, who might need to amend the original for future use.
Selected response from:

Facundo Pallero
Local time: 01:33
Grading comment
Mil gracias, I always prefer erring on the side of caution so I added a note for the client here. Many thanks for all comments
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +1Ask the client
Facundo Pallero
3without thereby incurring a duty to take any courses of action
Adrian MM.
2 -1without committing to (or incurring) any conduct
Lisa Rosengard


Discussion entries: 4





  

Answers


16 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
notificación por escrito al X, a la Y y/o el Z (Col) sin por ello incurrir en comportamientos
without thereby incurring a duty to take any courses of action


Explanation:
It's a good idea to indicate the source-country and confirm that the notice is indeed given to X, to X fem. and/or X masc., namely a male and female clinical triallist / guinea pig, all with the same surname or a la X is a company / la Promotora.

Also, it's not a good idea to 'correct' the source text to 'en incumplimiento(s)' if the translation is for self- or notarial certification as 'faithful and true to the original'.


    Reference: http://www.colombia.com/actualidad/codigos-leyes/codigo-de-p...
    Reference: http://www.finanzaspersonales.co/hogar-y-familia/articulo/co...
Adrian MM.
Austria
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 278

Peer comments on this answer (and responses from the answerer)
neutral  philgoddard: I don't think you can say there's a mistake in the Spanish, so I'm going to translate it incorrectly in English. The correct thing to do would be to add a translator's note saying I believe the Spanish is incorrect, and I think this is what they mean.
51 mins
  -> You and native Spanish speakers are jumping to conclusions and assuming the Spanish is wrong. It is right as it stands if X, X and X are different parties, plus a TN - besides being *an admission of defeat* - is unacceptable for certification of the trans
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22 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5 peer agreement (net): -1
without committing to (or incurring) any conduct


Explanation:
The words before and after "incurra en comportamientos" describe the person's right without incurring any conduct (or action or behaviour).

Example sentence(s):
  • Dicho incumplimiento se considerará como incumplimiento grave de este contrato, y dará derecho a la persona a resolverlo con efecto inmediato mediante notificación por escrito sin que por ello la persona incurra en comportamientos.
  • Such a repudiation (rejection of authority or validity) will be considered as a serious breach of this contract and it will allow the person to decide so with immediate effect, by means of written notification, without incurring any conduct through
Lisa Rosengard
United Kingdom
Local time: 05:33
Does not meet criteria
Native speaker of: English
PRO pts in category: 8

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: "commiting to or incurring any conduct"??? What does that mean?
19 hrs
  -> "Resolver el contrato sin incurrir en incumplimiento ..." really means " to resolve the agreement without incurring (bringing on) any breach or non-compliance.
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1 day 12 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
Ask the client


Explanation:
This is very likely a mistake in the original. "Resolver el contrato sin incurrir en incumplimiento" is what you'll find in standard contract clauses in Spanish and it would make perfect sense here. Also, if you wanted to use "comportamiento", you would need to qualify it with an adjective (as in the references shown by other colleagues). I would try to clarify this with the client, who might need to amend the original for future use.

Facundo Pallero
Local time: 01:33
Does not meet criteria
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 8
Grading comment
Mil gracias, I always prefer erring on the side of caution so I added a note for the client here. Many thanks for all comments

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans
5 hrs
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