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Glossary entry

Spanish term or phrase:

perfección

English translation:

made/concluded

Added to glossary by Justin Peterson
Oct 5, 2021 07:48
2 yrs ago
53 viewers *
Spanish term

perfección

Spanish to English Law/Patents Law (general)
La ** perfección ** del contrato de viaje combinado se produce con la confirmación de la reserva y el pago del depósito. Desde ese instante el contrato de viaje combinado es de obligado cumplimiento para ambas partes.

Keep in mind that:
Definition of "perfeccionamiento": El perfeccionamiento de un contrato es el momento en el que éste inicia su existencia, validez y vigencia, siendo vinculante desde ese instante para las partes que lo han suscrito.

I am surprised there has not been a more convincing translation than "execution" on proz.
Entrance into force, perhaps?
Is it really "execution?" The execution, as I understood it, was more of the contract's implementation/enforcement.
Proposed translations (English)
3 +1 made/concluded
4 +1 entry into force
4 commencement
2 +2 perfecting; perfection
3 full execution
3 formalized

Discussion

Lisa Rosengard Oct 8, 2021:
The process of perfecting a contract would be concerned with its improvement and development. It initiates at its opening stages and it involves those who have subscribed under the contract. However, once those involved have subscribed to a contract, its terms remain unchanged until the end of the contract. It looks like the contract perfection process is its completion, with a view to consider amendments which could be incorporated into a future contract or a renewal of a similar contract.
Toni Castano Oct 5, 2021:
An old entry about "perfeccionamiento contractual" See here:
https://www.proz.com/kudoz/spanish-to-english/law-general/46...

Proposed translations

+1
12 mins
Selected

made/concluded

A contract is made in English law when an offer is accepted and there is consideration (even if only promises to do things). In this case, the contract is made when the circumstances arise. The same applies to contracts made face to face which is why signing a contract is not the same as making/concluding the contract, whereas in the Spanish system signing is contract formation.
Peer comment(s):
agree philgoddard : I think 'concluded' is more common. And unlike most of the later answers you've used a verb, which makes the sentence flow better.
1 day 3 hrs
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4 KudoZ points awarded for this answer. Comment: "Yes, I think it simply means "concluded, NOT having entered into force"
17 mins

commencement

I have often seen this used. See link.
Reference:

https://hallellis.co.uk/term-contract-clause-duration/

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+1
3 hrs

entry into force

It would be "entry into force" (not entrance).You mightwant to parphhrase it:
"The contract comes/shall come into force ..."

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Note added at 3 hrs (2021-10-05 11:16:27 GMT)
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Excuse the typos, am just passing through, and in a hurry....
Example sentence:

The Contract shall come into force on the date when....

Reference:

https://www.linguee.com/english-spanish/translation/the+contract+shall+come+into+force.html

Peer comment(s):
agree AllegroTrans : In relation to context of asker's full pragraph, yes
1 hr
neutral Toni Castano : Hi Neil, not necessarily, as a colntract may have been "perfected" on s specific date and have a different one for entering into force.
3 hrs
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3 hrs

full execution

See the second scenario of this definition, which would apply in this case, where in addition to the signatures there are conditions to be fulfilled.

Fully Executed (Legal Definition And Why It Matters)https://incorporated.zone ›

Fully Executed contract — A fully executed contract (or fully executed agreement) is a legally binding instrument outlining the contracting parties'

When you say that a contract is “fully executed”, you can potentially refer to two different scenarios:

It can mean that a contract is fully signed by the signatories directly or through their representatives
It can also mean that the parties’ contractual obligations are accomplished or completed
The first scenario relates to “contract signature” and the second one relates to “contractual obligations”.
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5 hrs

formalized

when the contract starts I think FORMALIZED is the word. En español se dice formalizar el contrato cuando entra en vigencia
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+2
5 hrs

perfecting; perfection

Am not quite sure why translators and interpreters of the highest caliber / caliber harbo/u/r an aversion to a literal translation, cf. Ton C's weblink, but my Anglo-preference would be for 'perfecting' of the contract, rather than the US Am of perfection.

Anyhow, keen Anglo-Am. students of Equity and Chancery chancers will remember the maxim that 'Equity will not perfect an imperfect gift'.

Low confidence level as I - have started 'grave studies of contract law' a long time ago - am unsure that entry into force of a contract coincides in time with the perfection thereof.

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Note added at 6 hrs (2021-10-05 14:30:57 GMT)
--------------------------------------------------

'Perfeccionar un contrato : perfect a contract',p. 384 West. As intimated to Toni C., completion might be more intelligible, albeit not free of ambiguity.
Example sentence:

Perfection of a Contract. Omnicell shall provide Buyer with a copy of each Contract containing a complete description of the Equipment subject thereto, prior to or within five (5) days of the delivery date

“Equity will not perfect an imperfect gift”, this maxim from Milroy (1862) had been recognized as the strict rule that apply to the area of law related to the transfer of a gift. Judges and the legal profession had adopted this rule for many years.

Reference:

http://www.lawinsider.com/clause/perfection-of-a-contract

Note from asker:
I have no problem with a literal translation, as long as it is right. If "perfect" a contract is right, I am not familiar with the term, and, even if it does exist, it is some real legalese and I'd be hesitant to use it ...
Peer comment(s):
agree Andy Watkinson
36 mins
Gracias, gràcies and thanks, Andy
agree Toni Castano : Agree for you. Note for Justin: "Perfección de un contrato/contractual" is as "rare" for a Spanish non-specialized audience as "perfecting/perfection" is for an English-speaking one. The key point is to know who the audience here is.
45 mins
Thanks Toni - I agree and excuse me for taking your name in 'Ton' vain. Contract completion might be a lay-intelligible alternative though, alas, inherently ambiguous for a contract sign-up cf. conveyancing completion or performance to the bitter end.
neutral philgoddard : This is a rare and outdated use of the term. As I've said so many times before, why not use plain, 21st-century English?
22 hrs
No. It's modern-day, prof. usage cf. perfecting or completion in writing of a contract made *orally* https://www.google.com/search?client=firefox-b-d&q=perfectin... Note too that BrE conclusion vs. AmE closing is ambiguous for the start or end
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