Sep 24, 2008 08:35
15 yrs ago
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Spanish term
se subrogará en la posición del cedente frente al
Spanish to English
Other
Law: Contract(s)
property lease contract
DECIMOPRIMERA.- CESIÓN Y SUBARRIENDO.
11.1.- El presente contrato sólo podrá ser cedido previo consentimiento escrito del ARRENDADOR. En caso de cesión, el cesionario se subrogará en la posición del cedente frente al ARRENDADOR.
I'm getting myself in a bit of a pickle with the wording of this bit. Anyone help please?
thanks
11.1.- El presente contrato sólo podrá ser cedido previo consentimiento escrito del ARRENDADOR. En caso de cesión, el cesionario se subrogará en la posición del cedente frente al ARRENDADOR.
I'm getting myself in a bit of a pickle with the wording of this bit. Anyone help please?
thanks
Proposed translations
+9
7 mins
Selected
the assignee will subrogate to the assignor's position vis-à-vis the LESSOR
"subrogate" means you step into someone else's shoes, contractually speaking
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Note added at 5 hrs (2008-09-24 13:58:04 GMT)
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I disagree with Daniel. Examples include
http://touchngo.com/sp/html/sp-3733.htm
" that Atlas had a right to subrogate to Rutzebeck's interest in the property;"
http://bulk.resource.org/courts.gov/c/F2/988/988.F2d.568.92-...
"Dietrich asserts that it is entitled to equitably subrogate to Broadlands's position as the senior lienholder."
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Note added at 5 hrs (2008-09-24 13:58:04 GMT)
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I disagree with Daniel. Examples include
http://touchngo.com/sp/html/sp-3733.htm
" that Atlas had a right to subrogate to Rutzebeck's interest in the property;"
http://bulk.resource.org/courts.gov/c/F2/988/988.F2d.568.92-...
"Dietrich asserts that it is entitled to equitably subrogate to Broadlands's position as the senior lienholder."
4 KudoZ points awarded for this answer.
Comment: "Thanks everyone"
5 hrs
assignee will substitute for assignor in the relation with lessor under the agreement.
Plain Language version.
Reference comments
3 hrs
Reference:
John's suggestion is perfect, with a caveat:
"Subrogate" takes "to" only when there is both an indirect and a direct object, and the indirect object is placed first in the sentence. In this case, there is only a direct object ("the assignor's position") and no indirect object.
If "to" were to be used, it might be interpreted as if the assignee will subrogate [something] to the assignor's position", which is not the case.
Examples:
[Direct Object]
... the claimant shall subrogate the United States to the claim for payment from the collateral source up to the amount for which the claimant was ...
http://www.plainlanguage.gov/news/index.cfm?topic=ysnUSG
[Indirect Object, with Direct Object placed second]
... however, the Insured shall subrogate to the Insurer the right of recovery against the third party and assist the latter in pursuing such recovery. ...
http://posts.people.com.cn/data/laws/detail.php?id=146
(iii) the Customer shall subrogate to the Company any rights it may or will have in respect of insurance monies recoverable for the goods; ...
http://www.pengecatering.co.uk/conditions.php?osCsid=9d2371b...
My 2 cents...
"Subrogate" takes "to" only when there is both an indirect and a direct object, and the indirect object is placed first in the sentence. In this case, there is only a direct object ("the assignor's position") and no indirect object.
If "to" were to be used, it might be interpreted as if the assignee will subrogate [something] to the assignor's position", which is not the case.
Examples:
[Direct Object]
... the claimant shall subrogate the United States to the claim for payment from the collateral source up to the amount for which the claimant was ...
http://www.plainlanguage.gov/news/index.cfm?topic=ysnUSG
[Indirect Object, with Direct Object placed second]
... however, the Insured shall subrogate to the Insurer the right of recovery against the third party and assist the latter in pursuing such recovery. ...
http://posts.people.com.cn/data/laws/detail.php?id=146
(iii) the Customer shall subrogate to the Company any rights it may or will have in respect of insurance monies recoverable for the goods; ...
http://www.pengecatering.co.uk/conditions.php?osCsid=9d2371b...
My 2 cents...
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