This question was closed without grading. Reason: No acceptable answer
Jan 25, 2016 11:05
8 yrs ago
24 viewers *
English term

hereinafter \"CONTRACTOR\"

English Law/Patents Law: Contract(s)
In contracts, it is normal to give the parties a kind of nickname that will be used to refer to them throughout the contract. For example: "Second party: ABC Ltda., hereinafter "CONTRACTOR"..."

What I would like to know is whether this nickname in legal documents has a technical name, such as "alias", so that it would make sense to write "The [alias?] for ABC Ltda. in the service contract is CONTRACTOR".

With thanks in advance...
Votes to reclassify question as PRO/non-PRO:

Non-PRO (2): Yvonne Gallagher, Charlesp

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Discussion

Martin Riordan (asker) Feb 21, 2016:
@Charles Thank you for your contributions. I can no longer see your answer but I do recall that you suggested that "Defined Term" did not exactly cover my question. And I agreed with you.
Charlesp Feb 21, 2016:
The term of art for this is "Defined Term"

However as you've rejected this, "No acceptable answer" - I will remove it from the list of Answers, thus making your "No acceptable answer" correct (as otherwise it wouldn't be)
Martin Riordan (asker) Feb 20, 2016:
@EdithK Edith, what I was seeking was the technical name for the use of such a term for the parties. "What I would like to know is whether this nickname in legal documents has a technical name,...". I was not looking for a different way to express it. In the end, I think that Alison's suggestion of "shorthand name" or "shorthand reference" was what came closest to what I had asked for. They are not technical terms, but nobody suggested a technical term. It would seem that there is none. As none of the answers presented what I had asked for, I marked that no answer was acceptable to me.
Edith Kelly Feb 20, 2016:
Martin please specify why no answer was acceptable to you.
Martin Riordan (asker) Jan 25, 2016:
@ all My sincere thanks to all participants for all the valuable contributions which have shed considerable light on the question. My apologies if the request was not expressed very clearly. I had difficulty with that... :-)
Charlesp Jan 25, 2016:
I'll vote that up. or would, if it was posted as an Answer
Martin Riordan (asker) Jan 25, 2016:
@ klp A valuable contribution! Thanks. "party designations" seems a very appropriate term, and could be applied to parties to a contract too.
Mikhail Korolev Jan 25, 2016:
Martin, I might be totally wrong, but what about "designation"?

http://legal-dictionary.thefreedictionary.com/Parties

In court proceedings, the parties have common **designations**. In a civil lawsuit, the person who files the lawsuit is called the plaintiff, and the person being sued is called the defendant.
Yvonne Gallagher Jan 25, 2016:
@ Martin
I assume everyone DID read the question to the end so perhaps people didn't explicitly say "no, there is no one word I know of but this is the way it's done"
It's certanly not an "alias" or "nickname"
However, if you really just want one word then "Party" (1 or 2) is usually what is being described in the short form being referred to. Or Party 1, full name, hereinafter/hereunder as, short name
Charlesp Jan 25, 2016:
there is a technical legal term, "Defined Term", but your example is a bit different.
Martin Riordan (asker) Jan 25, 2016:
shorthand reference Hi Alison, I think your entry is totally relevant. Combined with Charles' comment below, it seems that there is no specific technical term for this usage, and "shorthand reference" or "shorthand name" would be suitable terms for describing it. If you are interested in points, please post this as an answer, although I will wait a bit to see what else appears.
BrigitteHilgner Jan 25, 2016:
I like Alison MacG's suggestion After all, "shorthand reference" is used in legal writing (see section 3 [under case law] of the following website:
http://www.hobartlegal.org.au/tasmanian-law-handbook/courts-...
Alison MacG Jan 25, 2016:
shorthand reference I only saw Brigitte's entry while copying and pasting this link, but I'll go ahead and post in any case. Still not sure if this is quite what you are looking for.

After the parties are formally identified, it is often appropriate to use shorthand references for them. This is usually done in a parenthetical that identifies the parties as “seller” or “buyer,” or by their last names only. An acronym is often used to shorten a long name. It is important to clearly state any shorthand name used for easy identification throughout the contract.
https://books.google.co.uk/books?id=z9wbCgAAQBAJ&pg=PA516&lp...
Charlesp Jan 25, 2016:
Hi Martin the reason why non-pro is that it doesn't require a dictionary.

As for your question, if in legal jargon, there is an established and specific term, the general answer is 'no.' But a lawyer might say to her secretary, "add a hereinbelow."
hereinbelow"
Martin Riordan (asker) Jan 25, 2016:
Thank you Brigitte! I agree, "nickname" is certainly not the correct term for it. I used it only because I don't know the correct term. "short name" would do, at a pinch. But I want to discover if, in legal jargon, there is an established and specific term.
BrigitteHilgner Jan 25, 2016:
Just a guess "short name" might fit (usually the suggestion is shorter than the full term), but to be honest, I never thought about it (denomination? label? why do you want to know?). I would not call it a nickname - as far as I'm concerned, that's a different level.
Martin Riordan (asker) Jan 25, 2016:
Non-pro? Maybe... I see votes to reclassify this question as non-pro. Maybe this is appropriate as, so far, no pro has answered the question that I actually asked. It is necessary to read the question to the end. :-)

Responses

+7
23 mins
English term (edited): hereinafter \\\"contractor\\\"

hereinafter referred to as

this is standard procedure, it's usually not a nickname just to avoid having to repeat the whole name throughout the contract. I've given the longer version as an answer

--------------------------------------------------
Note added at 24 mins (2016-01-25 11:30:31 GMT)
--------------------------------------------------

e.g. ENCYCLOPAEDIA OF INTERNATIONAL AVIATION LAW
https://books.google.de/books?isbn=1466960698 -
PHILIP FORSANG NDIKUM - 2013 - ‎Transportation
... (hereinafter reffered to as “the Parties) shall be hereinafter reffered to as “the Shareholders”). WHEREAS 1. The Shareholdres have agreed to submit a tender ..
Note from asker:
Thank you for the contribution, Edith. I know there are several ways of expressing this. American contracts seem to prefer the shorter version that I gave. However, what I asked for is the technical term for this "nickname", if one exists.
Peer comment(s):

agree Yvonne Gallagher
29 mins
agree Yasutomo Kanazawa
37 mins
agree writeaway : hereinafter = from now on (in this document)
1 hr
neutral BrigitteHilgner : This does not answer the question.
1 hr
agree acetran
2 hrs
neutral philgoddard : Agree with Brigitte.
2 hrs
agree Margarida Martins Costelha
3 hrs
agree Alok Tiwari
1 day 2 hrs
agree Phong Le
26 days
Something went wrong...
+3
25 mins

titled/referred to as

What you call a "nickname" is actually the title of that party's role under the contract. So, rather than writing "The [alias?] for ABC Ltda. in the service contract is CONTRACTOR," I'd write: ABC Ltda is titled "The Contractor" in the service contract, or ABC Ltda is referred to as "The Contractor" in the service contract.

--------------------------------------------------
Note added at 4 hrs (2016-01-25 15:40:02 GMT)
--------------------------------------------------

To Asker
In response to your Note, I don't think it is correct and I don't think there is a technical generic term. I also don't understand why you need one. Yes it would be necessary if you wanted to say "'CONTRACTOR' is the XXXX of ABC Ltda. in the service contract." But, why not put it the other way round, as I suggested above?

--------------------------------------------------
Note added at 4 hrs (2016-01-25 15:42:23 GMT)
--------------------------------------------------

I didn't include any "hereinbelow", because I assumed you might be using this in a document other than the service contract itself.
Note from asker:
Thank you Barbara. So is it correct to say that "'CONTRACTOR' is the title of ABC Ltda. in the service contract."? You see, what I am looking for, if it exists, is the technical generic term for the use of an alias in the contract for the various parties. I have never come across a technical term for this and, if there is one, I would like to know it.
It's a bit like climbing Mount Everest! I don't have an immediate need for this term, but got curious about whether it exists and, if so, what it is. And where better than KudoZ to find out? By all accounts, there is not a specific term. But I think the suggestion of "designation" (ex. "CONTRACTOR is the designation herein of ABC Ltda.") comes pretty close to what I wanted. And who knows what else may turn up?
Peer comment(s):

agree Yvonne Gallagher
27 mins
Thanks Gallagy
agree Adrian Liszewski : My version: "The ABC Ltda within the service contract is referred to as the CONTRACTOR"
35 mins
Thanks Adrian. That isn't quite right: problem with your word order and use of definite article.
agree Tina Vonhof (X) : I would prefer 'is referred to as'.
6 hrs
Thanks Tina. Me too.
Something went wrong...
4 hrs

designation

http://legal-dictionary.thefreedictionary.com/Parties

In court proceedings, the parties have common designations. In a civil lawsuit, the person who files the lawsuit is called the plaintiff, and the person being sued is called the defendant.
Something went wrong...
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