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Glossary entry

Spanish term or phrase:

contrato de estipulación a favor de terceros

English translation:

stipulation in favour of third parties

Added to glossary by liz askew
Nov 16, 2011 17:41
12 yrs ago
43 viewers *
Spanish term

contrato de estipulación a favor de terceros

Spanish to English Law/Patents Law: Contract(s) Mexican contract law
The title of the document is "CONTRATO PARA LA GARANTÍA DE LA CALIDAD DE LA VIVIENDA Y DE ESTIPULACIÓN A FAVOR DE TERCEROS".
Its purpose is summed up as: "El objeto de esta Garantía es reparar o reponer la Vivienda, el Edificio o Conjunto de Inmuebles, según corresponda, por los daños materiales amparados por la Garantía, que sufran a consecuencia de los Vicios Ocultos cuyo origen lo tengan ya sea en el periodo de diseño y/o construcción de los mismos, de acuerdo con los términos y condiciones del presente contrato."
I'm not at all familiar with Mexican law, and I've never run across the term "contrato de estipulación a favor de terceros" in Spain. It seems to be something like insurance (there is mention of "siniestros" later in the document). Can someone give me a clue?
Proposed translations (English)
3 +1 stipulation in favour of third parties
5 Stipulation agreement for third parties
4 contract with a collateral warranty
References
re: insurance
Change log

Nov 21, 2011 09:05: liz askew Created KOG entry

Discussion

Alayna Keller (asker) Nov 17, 2011:
Nigel, thanks very much. I believe there's something like that in Spanish law, too, now that you bring it up.
Alayna Keller (asker) Nov 17, 2011:
Phil: Yep, I did that last night. While the Mexican Civil Code is admirably clearly worded and to the point, with a lack of fluff that is amazing, it does not give examples or point specifically to the builder's warranty situation. However, the document to be translated does appear to be exactly that: a builder's warranty, of the type Nigel describes.
Nigel Wheatley Nov 16, 2011:
I've seen something similar in French law To give an example, a builder who builds a new house must (by law) give the house a ten-year warranty. If you sell the house within the ten-year period, the purchaser can still enforce the warranty against the original builder, even though they weren't a party to the original contract to build it. This seems to be what is going on with your 'contrato de estipulación'.
philgoddard Nov 16, 2011:
Thanks - that helps a lot. it sounds like warranties made by the contractor to third parties. You could look up the relevant articles of the civil code to see if that's the case.
Alayna Keller (asker) Nov 16, 2011:
Also, "en principio el presente contrato tiene como propósito la Estipulación a Favor de Terceros que hace el Contratante respecto de las personas todos los adquirentes de las Viviendas (Propietarios). Por tanto y por medio de este pacto, son y se entienden como estipulados todos y cada uno de los adquirientes de las Viviendas." "Estipulante" and "estipulado" are not contractual positions I've seen in Spanish law, and I was hoping somebody could explain if there is any meaning beyond the literal that I should take into account when translating.
Alayna Keller (asker) Nov 16, 2011:
Two mentions: Es la Estipulación a Favor de Terceros que hace el Contratante a favor del Propietario en los términos de los artículos 1869 a 1872 del Código Civil Federal. So, a standard figure of Mexican law with which I am not familiar.
philgoddard Nov 16, 2011:
Alayna There's no mention of stipulations and third parties in the text that you cite, so it's of limited help. However, the contract itself will almost certainly answer your question. Could you tell us about any mentions of third parties in the contract?

Proposed translations

+1
1 hr
Selected

stipulation in favour of third parties

Well, your context does not actually contain this phrase, "como propósitio" is missing in your query, hence the general confusion.

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Note added at 1 hr (2011-11-16 19:14:15 GMT)
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The Structure of the Law on Multiparty Situations - Juridica ...
www.juridicainternational.eu/the-structure-of-the-law-on-mu...
In the stipulation in favour of a third party, there is no authority of the ... applied the general rules of contract law to these stipulations in favour of a third party in a ...

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Note added at 1 hr (2011-11-16 19:18:35 GMT)
--------------------------------------------------

Principles of European contract law - Google Books Result
books.google.com/books?isbn=9041113053...Ole Lando, Hugh Beale, Commission on European Contract Law - 2000 - Law - 561 pages
In ENGLISH law the doctrine of privity of contract (and of consideration) is held to prevent stipulations in favour of third parties. ...
Note from asker:
Thanks for the refs. So, not an unknown concept in Europe, either.
Peer comment(s):
agree Mónica Sauza
1 day 4 hrs
Something went wrong...
4 KudoZ points awarded for this answer.
3 mins

Stipulation agreement for third parties

Stipulation in Marital settlement agreement concerning 3rd party
Stipulation in Marital settlement agreement concerning 3rd party In a divorce settlement husband convveys property to wife. His brother's name is on the 1st motgage ...
www.avvo.com/.../stipulation...agreement-concer-525207.html - Cached
[PDF]
UNITED STATES DISTRICT COURT
Adobe PDF - View as html
STIPULATION AND AGREEMENT OF SETTLEMENT ... actions, causes of action, suits, counterclaims, cross claims, third party ...
www.ccfsettlement.com/...settlement_agreement_1384141.pdf
Child custody stipulation agreement - Avvo.com
Can he do a stipulation agreement? What forms are needed? What needs to be done to make ... Also can it be done so that there is a third party when picking up and dropping ...
www.avvo.com/...custody-stipulation-agreement-12000.html - Cached
[PDF]
STIPULATION AND AGREEMENT OF SETTLEMENT
Adobe PDF - View as html
CG&R DRAFT: 5/20/08 6:14 PM #899586 v2 (RXG202_.DOC) STIPULATION AND AGREEMENT OF SETTLEMENT ... and disclosing 15 personally identifiable subscriber information to third parties ...
www.twcsettlement.com/sa.pdf
Note from asker:
Thanks very much for your help.
Peer comment(s):
neutral philgoddard : You haven't explained what you think this means, so I don't see how it justifies a 5. Only one of your references actually contains the phrase, and it's about child custody.
56 mins
Something went wrong...
1184 days

contract with a collateral warranty

Better late than never,
Something went wrong...

Reference comments

6 mins
Reference:

re: insurance

EUR-Lex - 61982J0201 - EN
eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX...EN...
Interpretation of Articles 17 and 18 of the Brussels Conventionof 27 September 1968 - Insurance contract containing a stipulation in favour of a third party. ...

--------------------------------------------------
Note added at 1 hr (2011-11-16 19:18:25 GMT)
--------------------------------------------------

Principles of European contract law - Google Books Result
books.google.com/books?isbn=9041113053...Ole Lando, Hugh Beale, Commission on European Contract Law - 2000 - Law - 561 pages
In ENGLISH law the doctrine of privity of contract (and of consideration) is held to prevent stipulations in favour of third parties. ...
Peer comments on this reference comment:
agree philgoddard : Yes, I think this is what it means, though we need to know what the stipulation is if possible.
1 hr
Thank you! We never have enough information do we?
Something went wrong...
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