Glossary entry

Portuguese term or phrase:

pacto comissório

English translation:

comissory pact

Added to glossary by Martin Riordan
Oct 21, 2016 11:30
7 yrs ago
12 viewers *
Portuguese term

pacto comissório

Portuguese to English Law/Patents Law: Contract(s)
This is a clause in a contract that annuls a purchase and sale agreement if the buyer defaults on its obligations.

http://www.dicionarioinformal.com.br/significado/comiss�rio/106...

Proposed translations

+1
6 mins
Selected

comissory pact

http://www.oalib.com/paper/1065504#.WAn9j2ddbIU
the prohibition of the comissory pact is one of the most ancient institutions in private law...
Peer comment(s):

agree Maria Teresa Borges de Almeida
10 mins
Obrigada, Teresa
neutral Gilmar Fernandes : If you google "comissory pact" one finds only about 124 occurrences and they're all literal translations of Portuguese, Spanish, Romanian papers..../ Not sure, that's why I didn't post an answer.
2 hrs
Ok, what do you suggest?
neutral T o b i a s : Ditto Gilmar. I get 19 Google occurrences.
5 days
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "In this case, I think this is the best option. Thanks to all who contributed!"
6 hrs

agreement of forfeiture

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33 mins

defeasance clause; (US contract) avodiance clause

Defeasance clause: commonly found in US and UK mortgages (Scotalnd: standard security), but not necessarily.

Pacto comisorio: clause allowing for rescission upon breach of contract: Tom West III' ES/AmE law & business dictionary.

contrast:

a condition precedent > (Scots law) a suspensive condition
a condition subsequent > (Scots law) a resolutive condition

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Note added at 46 mins (2016-10-21 12:16:38 GMT)
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avoidance clause...

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Note added at 6 hrs (2016-10-21 18:24:48 GMT)
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PS forfeiture clause in my first web ref: usually applies only to forfeiture of a money deposit, not of goods sold - as may be the case here.
Example sentence:

Definition of defeasance: Stipulation in an agreement which provides for its cancellation under specified conditions

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10 hrs

forfeiture clause

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