Glossary entry (derived from question below)
Spanish term or phrase:
Si fueran ejecutados los bienes del proveedor
English translation:
in the event execution is levied against Supplier\'s assets
Added to glossary by
Lindsey Ford
Dec 3, 2014 11:11
9 yrs ago
6 viewers *
Spanish term
Si fueran ejecutados los bienes del proveedor
Spanish to English
Law/Patents
Law: Contract(s)
From a list of reasons in a supply contract why Party X may terminate the contract with the supplier. Other reasons include the supplier failing to fulfill its obligations to Party X, or if the supplier abandons the contract. 'Si fueran ejecutados los bienes del proveedor' seems to me to mean 'If the supplier has supplied the goods'. Is this correct?
Proposed translations
(English)
5 +4 | in the event execution is levied against Supplier's assets | Rebecca Jowers |
3 +1 | Should Supplier's property be attached. | Andy Watkinson |
3 +1 | In case of a lien on supplier's assets | Francois Boye |
Proposed translations
+4
6 hrs
Selected
in the event execution is levied against Supplier's assets
As used in this context I believe “execution” is more than a simple lien on the supplier’s assets, and here it does not refer to a prejudgment attachment of the supplier’s assets, but rather to executing (or enforcing) a judgment rendered against him after those assets have been attached and placed at the disposal of the court, (usually) by converting his assets into cash to satisfy that judgment. Many contracts state that “this agreement may be terminated if (name of Party) has execution levied against him/her/it” meaning that a money judgment has been rendered against the party and his assets will be used to execute or enforce that judgment.
Here are some examples:
“This Agreement may be terminated by either party upon twenty four hours notice if the other party (being an individual) has a receiver appointed of the whole or a substantial part of his assets or if he becomes bankrupt or has execution levied against him.”
“If the Customer goes into liquidation, suffers distress, has execution levied against its goods or effects or makes an arrangement with its creditors, commences winding up (other than for the purposes of amalgamation or reconstruction) or if a receiver or administrator is appointed for the whole or any part of its undertaking, or if a receiving order in bankruptcy is made against it, the Company may elect to treat the Contract as immediately terminated.”
“The Company may terminate this Agreement with immediate effect if the Contractor:
(a) breaches any term of this Agreement or
(b) has a liquidator, administrator, receiver or receiver
and manager appointed to it or any of its assets,
(c) enters into a scheme of arrangement (other than for
the purposes of a solvent reconstruction) or
(d) has execution levied against any of its property
(e) breaches the Company Polices and “Site” clause
above”
Here are some examples:
“This Agreement may be terminated by either party upon twenty four hours notice if the other party (being an individual) has a receiver appointed of the whole or a substantial part of his assets or if he becomes bankrupt or has execution levied against him.”
“If the Customer goes into liquidation, suffers distress, has execution levied against its goods or effects or makes an arrangement with its creditors, commences winding up (other than for the purposes of amalgamation or reconstruction) or if a receiver or administrator is appointed for the whole or any part of its undertaking, or if a receiving order in bankruptcy is made against it, the Company may elect to treat the Contract as immediately terminated.”
“The Company may terminate this Agreement with immediate effect if the Contractor:
(a) breaches any term of this Agreement or
(b) has a liquidator, administrator, receiver or receiver
and manager appointed to it or any of its assets,
(c) enters into a scheme of arrangement (other than for
the purposes of a solvent reconstruction) or
(d) has execution levied against any of its property
(e) breaches the Company Polices and “Site” clause
above”
Peer comment(s):
agree |
Andy Watkinson
1 hr
|
Thanks Andy
|
|
agree |
Billh
: best answer
4 hrs
|
Thanks Billh
|
|
agree |
Adrian MM. (X)
: if this is a back translaiton from the EN, though surely embargados would be more congruous http://www.proz.com/kudoz/spanish_to_english/finance_general...
5 hrs
|
Thanks Adrian
|
|
agree |
Anna Heath
2 days 21 hrs
|
Thanks Anna
|
4 KudoZ points awarded for this answer.
Comment: "Thanks Rebecca, this is the solution I ended up using. "
+1
1 hr
Should Supplier's property be attached.
If you think about it, why would the "supplier supplying the goods" be a cause for termination of the contract? For doing its job?
It means that Party X can terminate the contract should the supplier's assets be attached (probably due to insolvency proceedings).
A fairly common clause explaining the reasons why a contract can be terminated, together with material breaches, etc.....
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Note added at 4 hrs (2014-12-03 15:20:24 GMT)
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The following is an entire clause dealing with the issue, but most contracts don't go into so much detail.
The attachment/distraint is the cause of termination.
"TERMINATION FOR BANKRUPTCY, ETC. Either Party may, in addition to
any other remedies available to it by law or in equity, terminate this
Agreement, in whole or in part as the terminating Party may determine, by notice to the other Party in the event the other Party shall have become insolvent or bankrupt, or shall have made an assignment for the benefit of its creditors, or there shall have been appointed a trustee or receiver of the other Party or for all or a substantial part of its property, or there shall have been issued a warrant of ***attachment, execution, distraint or similar process*** against any
substantial part of the property of the other Party,...."
It means that Party X can terminate the contract should the supplier's assets be attached (probably due to insolvency proceedings).
A fairly common clause explaining the reasons why a contract can be terminated, together with material breaches, etc.....
--------------------------------------------------
Note added at 4 hrs (2014-12-03 15:20:24 GMT)
--------------------------------------------------
The following is an entire clause dealing with the issue, but most contracts don't go into so much detail.
The attachment/distraint is the cause of termination.
"TERMINATION FOR BANKRUPTCY, ETC. Either Party may, in addition to
any other remedies available to it by law or in equity, terminate this
Agreement, in whole or in part as the terminating Party may determine, by notice to the other Party in the event the other Party shall have become insolvent or bankrupt, or shall have made an assignment for the benefit of its creditors, or there shall have been appointed a trustee or receiver of the other Party or for all or a substantial part of its property, or there shall have been issued a warrant of ***attachment, execution, distraint or similar process*** against any
substantial part of the property of the other Party,...."
Peer comment(s):
agree |
philgoddard
: There are lots of ways to translate this, but you were first.
5 hrs
|
Thanks Phil, but I believe Rebecca's is more appropriate.
|
+1
4 hrs
In case of a lien on supplier's assets
in US law, lien means somebody else has a claim on the assets under consideration
Peer comment(s):
agree |
veronicaes
1 hr
|
neutral |
philgoddard
: You can't use "in case of" like this in English. You need a verb, so you'd have to say something like "if a lien is placed on".
3 hrs
|
Discussion
"Compañía X, podrá, en cualquier momento, mediante notificación por escrito, resolver el CONTRATO sin compensación adicional alguna a PROVEEDOR en caso de acaecimiento de cualquiera de los siguientes supuestos:" - of which "Si fueran ejecutados los bienes del proveedor" is the first possible reason. The examples posted by Andy and Rebecca both fit the rest of the contract, and I think Rebecca's might be the most appropriate. Many thanks again for help.
See below.