Jun 2, 2020 01:27
4 yrs ago
43 viewers *
Spanish term

incurra en comportamientos

Spanish to English Law/Patents Law: Contract(s) Clinical Trial Agreement
Si X, X y/o X incumplieran alguna de las disposiciones establecidas en la presente cláusula, dicho incumplimiento se considerará como incumplimiento grave de este Contrato y dará derecho a la PERSONA X a resolverlo con efecto inmediato mediante notificación por escrito al X, a la X y/o el X, sin que por ello la PERSONA X incurra en comportamientos.

Can anybody shed any light on what the last phrase "sin que por ello el Promotor incurra en comportamientos" is trying to get across here? It doesn't seem to make any sense to me. Conduct? Behavior?

This is a document containing amendments to a clinical trial agreement. Many thanks for any insights!

Discussion

philgoddard Jun 2, 2020:
Of course! You should put that as an answer, Facundo. "Incumplimiento" has already appeared twice in the sentence.
Facundo Pallero Jun 2, 2020:
I Agree with Phil. That seems to be the meaning here. I think the phrase in Spanish should read "incurra en incumplimientos."
neilmac Jun 2, 2020:
Agree It looks like there should be a word or phrase at the end defining the type of "comportamientos" mentioned.
philgoddard Jun 2, 2020:
Usually I'd expect to see something like "X may terminate the contract without incurring any liability", so I'd guess that's the meaning here. I wonder if there's a word missing or some other mistake.

Proposed translations

+1
1 day 12 hrs
Selected

Ask the client

This is very likely a mistake in the original. "Resolver el contrato sin incurrir en incumplimiento" is what you'll find in standard contract clauses in Spanish and it would make perfect sense here. Also, if you wanted to use "comportamiento", you would need to qualify it with an adjective (as in the references shown by other colleagues). I would try to clarify this with the client, who might need to amend the original for future use.
Peer comment(s):

agree AllegroTrans
5 hrs
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4 KudoZ points awarded for this answer. Comment: "Mil gracias, I always prefer erring on the side of caution so I added a note for the client here. Many thanks for all comments"
16 hrs
Spanish term (edited): notificación por escrito al X, a la Y y/o el Z (Col) sin por ello incurrir en comportamientos

without thereby incurring a duty to take any courses of action

It's a good idea to indicate the source-country and confirm that the notice is indeed given to X, to X fem. and/or X masc., namely a male and female clinical triallist / guinea pig, all with the same surname or a la X is a company / la Promotora.

Also, it's not a good idea to 'correct' the source text to 'en incumplimiento(s)' if the translation is for self- or notarial certification as 'faithful and true to the original'.
Peer comment(s):

neutral philgoddard : I don't think you can say there's a mistake in the Spanish, so I'm going to translate it incorrectly in English. The correct thing to do would be to add a translator's note saying I believe the Spanish is incorrect, and I think this is what they mean.
51 mins
You and native Spanish speakers are jumping to conclusions and assuming the Spanish is wrong. It is right as it stands if X, X and X are different parties, plus a TN - besides being *an admission of defeat* - is unacceptable for certification of the trans
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-1
22 hrs

without committing to (or incurring) any conduct

The words before and after "incurra en comportamientos" describe the person's right without incurring any conduct (or action or behaviour).
Example sentence:

Dicho incumplimiento se considerará como incumplimiento grave de este contrato, y dará derecho a la persona a resolverlo con efecto inmediato mediante notificación por escrito sin que por ello la persona incurra en comportamientos.

Such a repudiation (rejection of authority or validity) will be considered as a serious breach of this contract and it will allow the person to decide so with immediate effect, by means of written notification, without incurring any conduct through

Peer comment(s):

disagree AllegroTrans : "commiting to or incurring any conduct"??? What does that mean?
19 hrs
"Resolver el contrato sin incurrir en incumplimiento ..." really means " to resolve the agreement without incurring (bringing on) any breach or non-compliance.
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