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Glossary entry

Spanish term or phrase:

ejecución de las Garantías

English translation:

enforcement of the Guaranties / Sureties

Added to glossary by Nedra Rivera Huntington
Jul 14, 2016 04:35
7 yrs ago
15 viewers *
Spanish term

ejecución de las Garantías

Spanish to English Law/Patents Law: Contract(s)
"Para la ejecución de las Garantías será necesario que se produzca un incumplimiento, total o parcial, de cualquiera de las Obligaciones Garantizadas, o cualquiera de los supuestos de vencimiento anticipado previstos en el Contrato de Préstamo, y una posterior declaración de resolución o vencimiento anticipado del Contrato de Préstamo."

From a contract (Spain).

I am looking for confirmation that "ejecución" is "enforcement" please. I have researched this, but would feel more confident if someone with first-hand knowledge in this area could confirm.

Thanks in advance!
Proposed translations (English)
4 enforcement of the Guarantees; (AmE: goods & land) foreclosure on the Collateral Securities
4 +1 to realise/realize upon collaterals

Discussion

Nedra Rivera Huntington (asker) Jul 19, 2016:
more context Sorry, I should have given more context. I was mostly concerned with the term "ejecución." However, for future reference, I should note that this contract was a surety agreement related to a loan to a film production company. As per the client and the stipulations of the loan, surety is the more appropriate term. I would not use "guarantee" in this context (a legal agreement), but "surety" or "guaranty." See, p.ej. http://www.adamsdrafting.com/guaranty-or-guarantee/ or http://abovethelaw.com/career-files/lawprose-lesson-121-what...

Thanks again for all your help. Much appreciated.
Charles Davis Jul 14, 2016:
Yes, these "garantías" could in principle be collateral (security) rather than guarantees; we can't tell from what we've got. The surrounding context should settle this point one way or the other. "Realise upon" would be suitable for collateral/security but not for guarantees, so it seems wiser to me to use enforcement or execution, which would work whatever type of "garantías" they are.
Adrian MM. (X) Jul 14, 2016:
US: foreclosure F Boye's answer raises an intriguing US- and Can-only alternative of a foreclosure on collateral securities. I think we Englishmen post-Brexit need to think out of the box and transatlantically. 'Discuss'.
Charles Davis Jul 14, 2016:
Enforcement That is definitely what it means. I don't think it's a case of deliberate ambiguity, but I think you could perfectly well use "execution" here if you want, because there is no ambiguity. Execution could not possibly be understood to mean signing or establishment of guarantees given that it's followed by "será necesario que se produzca un incumplimiento". It is surely inconceivable that a contractual breach could be a prerequisite for the signing of guarantees. So either enforcement or execution would be fine, in my view.
Charles Davis Jul 14, 2016:
@Nedra On the search tool: I find that the new search tool misses a lot of relevant results and I always use the old search tool, which picks up many more (though it still seems to miss some).
neilmac Jul 14, 2016:
'Execution of guarantees' is what I was going to post. Sometimes the ambiguity is deliberate, no?
Nedra Rivera Huntington (asker) Jul 14, 2016:
previous question Thanks for finding that! I don't know what's wrong with me and the search tool, but it keeps not returning previous questions. I'm feeling pretty confident about it now. Thanks again.
Adrian MM. (X) Jul 14, 2016:
agree with enforcement of guarantees vs. of sureties in the sense of suretyships rather than of the guarantors

http://www.proz.com/kudoz/spanish_to_english/law_contracts/6...

'Execution of guarantees' may well be amgbguous and signify either the signing or implementation of such.

Proposed translations

5 days
Selected

enforcement of the Guarantees; (AmE: goods & land) foreclosure on the Collateral Securities

Here are my answers by popular demand.

For ref. only or by 'unpopular demand': Scots law> diligence upon the warrandices.

Execution of a guarantee is ambiguous for signing or implementation of such noble backing.
Reference:

http://www.proz.com/kudoz/spanish_to_english/law_contracts/664160-ejecuci%C3%B3n_de_garant%C3%ADas.html

Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks much for your help. I didn't mention this in my original question, as I was more concerned about "ejecución" but in this context (a contract) "surety" or "guaranty" is more appropriate. Muchas gracias."
+1
7 hrs

to realise/realize upon collaterals

my take

--------------------------------------------------
Note added at 7 hrs (2016-07-14 12:18:07 GMT)
--------------------------------------------------

http://www.proz.com/kudoz/english_to_french/finance_general/...
Peer comment(s):
neutral Adrian MM. (X) : US: foreclose upon collaterals - E&W: only mortgages are foreclosed on.
15 mins
agree María Nöel Perez : Agree!
1 day 7 hrs
Thanks!
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