CECIYJUANI

unilateralmente - unilaterally?
rescindir - resign?

vicente

unilateralmente - unilaterally?...Correct

rescindir - rescind (also annul, cancel)

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vicente

CECIYJUANI

great!

and how would it be "su voluntad de dar por finalizado un contrato"?

its will to end the contract
its will to finish the contract
its will of cancelling the contract
its will to release from the contract?
its will of anulling the contract

Nira

I would put

"their intention to discharge the contract"

discharge meaning 'the extinguishment of release of obligations under the contract, i.e. actually performing obligations under the contract'.

another term could be "terminate the contract" before its completion.

Both terms are used in contract law in the Common Law.

Hope this helps.

Isabel

vicente

Hi Nira

Good suggestions...I like intention to terminate as well...or intention to cancel.

discharge can be tricky since it could be interpreted to mean that the parties will actually fullfill the terms of the contract rather that cancell it.

Consider this: the officer was acting legally in the normal discharge of his duties...i.e., he was doing his duty.

Edit: I'm thinking that in your example if one party discharges the other party's obligation under the contract...it releases the other party of their obligation but that is not the same as a unilateral cancellation ... if the other party disagrees and does not want out, then you would still have to fullfill the contract...does that make sense?

¿Que piensas?

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vicente

exxcéntrica

dar por finalizado

I wonder if cancel would be the correct wording here.

I would understand "cancel" as ending the contract before its fulfillment. not the case here. Like when you have a contract with a credit card. After one year you have to either pay for its renewal or end the contract. hmmm ....might one say "end the contract"?

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“Los hombres son superiores a las mujeres porque Alá les otorgó la primacia sobre ellas. Portanto, dió a los varones el doble de lo que dió a las mujeres. Los maridos que sufrieran desobediencia de sus mujeres pueden castigarlas: abandonarlas en sus lechos, e incluso golpearlas.
No se legó al hombre mayor calamidad que la mujer."

El Corán (libro sagrado de los musulmanes, recitado por Alá a Maomé en el siglo VI)

vicente

I get what you are saying Exx! But to end the contract is synonymous with to terminate it, no? We need to let it end on it's own?

How about "Allow to end or allow to expire"?

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vicente

exxcéntrica

What do you think, Vicente, guapo ( ), if I say: I cancelled teh contract...would you think the contract had not ended but I ended it before the expiring date?

Dar por finalizado...not necessarily implies that you actually took measures, simply that you didn't' renew the contract.

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“Los hombres son superiores a las mujeres porque Alá les otorgó la primacia sobre ellas. Portanto, dió a los varones el doble de lo que dió a las mujeres. Los maridos que sufrieran desobediencia de sus mujeres pueden castigarlas: abandonarlas en sus lechos, e incluso golpearlas.
No se legó al hombre mayor calamidad que la mujer."

El Corán (libro sagrado de los musulmanes, recitado por Alá a Maomé en el siglo VI)

Guadalupe

After all your comments, I would suggest the use of this phrase: "Either party may terminate..."

[Use "either" if there are only two parties to the contract/you should use "any" for more than 2 parties].

"Early termination" could be used for "RESCISIÓN".

Have a look at this example, it's full of useful vocabulary:

6.1. The City of Austin acknowledges that CAPCOG is a governmental entity without taxing power and agrees that CAPCOG may terminate this contract in whole or part, if CAPCOG learns that funds to pay for the goods or services will not be available at the time of delivery or performance.

6.2. If Sanborn fails to perform its contract with CAPCOG, so that Pedestrian Masterplan Phase II Services are not delivered to the City of Austin, CAPCOG may terminate this contract.

6.3. If CAPCOG or the City of Austin breaches a material provision of this contract, the other may notify the breaching party describing the breach and demanding corrective action. The breaching party has five business days from its receipt of the notice to correct the breach, or to begin and continue with reasonable diligence and in good faith to correct the breach. If the breach cannot be corrected within a reasonable time, despite the breaching party's reasonable diligence and good faith effort to do so, either party may terminate the contract for breach or either party may invoke the dispute resolution process of Art. 7.

6.4. A party terminating this contract as authorized above must notify the other party of the termination date, which may be no earlier than 15 calendar days after the notice date.

6.5. Termination for breach under Art. 6.3 does not waive either party's claim for damages resulting from the breach.

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Guadalupe

vicente

Right Exx, guapa !!...exactly, if you cancel something that means you intentionally put an end to it...in the case of a contract, you terminated it before the expiring date.

Thanks for clarifying dar por finalizado. I was not familiar with the phrase. As I understand it, a contract would be allowed to run its course and not be renewed. Is that what dar por finalizado means?

I need to get out of these legal threads before I give somebody the wrong advice.


Guadalupe!! Hello!

I think we are getting mixed up by the different threads that CECIYJUANI has posted. At least I am! This one has to do with dar por finalizado and I was thinking about the post concerning unilaterally cancelling a contract, which are two separate matters.

Cheers damas!

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vicente