May 2, 2019 12:00
5 yrs ago
55 viewers *
Spanish term

siendo su voluntad

Spanish to English Law/Patents Law (general) lease agreement
Hi guys,
Hope you're having a lovely day!
I'm translating a lease agreement from Spanish into English and, on one of the final paragraphs, I came across this expression that I'm not quite sure how to translated.

Con base en lo anterior y ***siendo su voluntad celebrar*** el presente contrato, las partes se someten a las
siguientes:
CLÁUSULAS

My option:

Based on the foregoing and ***giving their will to enter into*** this Agreement, the parties submit to the
following:
PROVISIONS

I believe it means the parties enter into the agreement of their own free will, according to what I found here: https://www.proz.com/kudoz/spanish-to-english/business-comme...
but I don't seem to find a way to fit this prepositional phrase in my translation.

All recommendations are welcomed!

Kind regards,


Melina

Discussion

philgoddard May 2, 2019:
Based on the above, and of their own free will, the parties have entered into the following contract.
liz askew May 2, 2019:
as they are willing to

Proposed translations

37 mins
Selected

given their willingness to enter into this agreement,

Based on the foregoing and given their willingness to enter into this agreement, the parties....

HTH!
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4 KudoZ points awarded for this answer. Comment: "Though this is the translation I chose, I wish I could give points to everyone, you were all so helpful! Thank you! "
1 hr

expressing their intent

An essential element to contract or agreement is the "meeting of minds" ("acuerdo de voluntades"), so what is being established here is that the parties are aware they are entering into a formal bargain governed by those contractual clauses.

https://en.wikipedia.org/wiki/Meeting_of_the_minds

"Based on the foregoing [representations], the parties express their intent to enter into this agreement, subject to the following clauses..."
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6 mins

as they are willing to

https://assets.publishing.service.gov.uk/.../Heads-of-Terms-...
This document sets out the principal terms and conditions on and subject to which the following parties (the Parties) are willing to enter into a Collaboration ...

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Note added at 4 hrs (2019-05-02 16:08:09 GMT)
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p.s.
you don't need to repeat parties, i.e.

since/as the parties are willing to enter into this agreement/contract, they submit to...
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7 hrs

desirous as they are (of entering into this Contract / Agreement)

*Pursuant to the foregoing (recital(s)*, desirous as they are.....

Don't forget the desire(s), as a time-hono(ured )English legal drafting technique!

We will leave for now any conclude = end or complete vs. (AmE) closing of contract issue for 'celebrar.

Medium CL - confidence level as linguistically, rather than legalistically, not a straight match, in deference to the other contractual intent(ion) etc. points.

NB City of London/UK lawyers dislike a translation as a (binding) Contract, perferring - 'as they do' non-committally on their clients' behalf - the term of (a preliminary) Agreement > see Jean's answer, for reasons that need not be canvassed here.
Example sentence:

WHEREAS, the City of Lincoln is desirous of entering into a contract with 2 Cornhusker Place, Inc. for protective custody services for those individuals with alcohol and drug 3 abuse problems...

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13 hrs

NOW THEREFORE, the parties are desirous to enter into this Agreement and hereby agree as follows:

This is basically a boilerplate phrase that probably comes after the recitals and before the contract provisions. The classic (albeit highly archaic and superfluously formulaic) would read something akin to "NOW, THEREFORE, in consideration of the premises and mutual promises herein contained and for other good and valuable consideration, the parties agree as follows:"
You could probably also just simply write "The parties therefore, intending to enter into this agreement, hereby agree as follows:"

Whether you really want to translate "cláusulas" is up to you; it would also depend on the purpose of the translation.

For all practical legal purposes, a simple "The parties therefore agree as follows" would probably suffice, as Ken Adams suggests (see link below).

The part about "siendo su voluntad" would typically be expressed in the recitals (such as in the link provided by Adrian in his answer) just above the "Now therefore" phrase.

Good luck!
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1 day 10 hrs

considering that the parties desire to

Con base en lo anterior y siendo su voluntad celebrar el presente contrato, las partes se someten a las...

In view of the above, and considering that the parties desire to enter into this contract, they submit to the...
Something went wrong...
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