Glossary entry (derived from question below)
Spanish term or phrase:
contrato de novación MODIFICATIVA
English translation:
novation agreement which amends/amending the loan agreement
Added to glossary by
Sonja Scherling
Aug 6, 2014 16:15
9 yrs ago
43 viewers *
Spanish term
contrato de novación MODIFICATIVA
Spanish to English
Law/Patents
Law: Contract(s)
... las Partes suscribieron un contrato de novación modificativa del Contrato de Crédito...
Any ideas, much appreciated! :)
Any ideas, much appreciated! :)
Proposed translations
(English)
Proposed translations
5 days
Selected
novation agreement which amends/amending the loan agreement
Según el Dicc Jurídico de Cabanellas dice:
novación: novation, subtitution of debtor or creditor by another person or changing the purpose or conditions of the contract
Al traducir la frase en contexto yo diría:
... las Partes suscribieron un contrato de novación modificativa del Contrato de Crédito...
the parties hereto (have) signed a novation agreement which amends/amending the Loan Contract/agreement...
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Note added at 5 días (2014-08-12 14:41:19 GMT)
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no need to add debtor o creditor
novación: novation, subtitution of debtor or creditor by another person or changing the purpose or conditions of the contract
Al traducir la frase en contexto yo diría:
... las Partes suscribieron un contrato de novación modificativa del Contrato de Crédito...
the parties hereto (have) signed a novation agreement which amends/amending the Loan Contract/agreement...
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Note added at 5 días (2014-08-12 14:41:19 GMT)
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no need to add debtor o creditor
4 KudoZ points awarded for this answer.
15 mins
(modifying) novation agreement
I wouldn't use 'modificativa' as 'novation' already implies that the agreement replaces an earlier one.
novation n. agreement of parties to a contract to substitute a new contract for the old one. It extinguishes (cancels) the old agreement. A novation is often used when the parties find that payments or performance cannot be made under the terms of the original agreement, or the debtor will be forced to default or go into bankruptcy unless the debt is restructured. While voluntary, a novation is often the only way any funds can be paid.
http://legal-dictionary.thefreedictionary.com/novation
In contract law and business law, novation is the act of either:
replacing an obligation to perform with a new obligation; or adding an obligation to perform; or replacing a party to an agreement with a new party.
In contrast to an assignment, which is valid so long as the obligee (person receiving the benefit of the bargain) is given notice, a novation is valid only with the consent of all parties to the original agreement: the obligee must consent to the replacement of the original obligor with the new obligor. A contract transferred by the novation process transfers all duties and obligations from the original obligor to the new obligor.
http://en.wikipedia.org/wiki/Novation
Legal instrument that formalizes an arrangement to substitute one party for another in a contract. See also novation.
Read more: http://www.businessdictionary.com/definition/novation-agreem...
novation n. agreement of parties to a contract to substitute a new contract for the old one. It extinguishes (cancels) the old agreement. A novation is often used when the parties find that payments or performance cannot be made under the terms of the original agreement, or the debtor will be forced to default or go into bankruptcy unless the debt is restructured. While voluntary, a novation is often the only way any funds can be paid.
http://legal-dictionary.thefreedictionary.com/novation
In contract law and business law, novation is the act of either:
replacing an obligation to perform with a new obligation; or adding an obligation to perform; or replacing a party to an agreement with a new party.
In contrast to an assignment, which is valid so long as the obligee (person receiving the benefit of the bargain) is given notice, a novation is valid only with the consent of all parties to the original agreement: the obligee must consent to the replacement of the original obligor with the new obligor. A contract transferred by the novation process transfers all duties and obligations from the original obligor to the new obligor.
http://en.wikipedia.org/wiki/Novation
Legal instrument that formalizes an arrangement to substitute one party for another in a contract. See also novation.
Read more: http://www.businessdictionary.com/definition/novation-agreem...
+1
29 mins
Spanish term (edited):
contrato de novación MODIFICATIVA del Contrato de Crédito...
(debtor) novation agreement AMENDING the Loan Agreement
The clause needs to be parsed right. It is not a contrato de novación MODIFICATIVA - but one that is MODIFICATIVA del Contrato de Crédito.
If a new debtor isn't substituted and it s simply a renewal then, as in the web ref., it is a roll-over agreement.
If a new debtor isn't substituted and it s simply a renewal then, as in the web ref., it is a roll-over agreement.
Peer comment(s):
agree |
Evgeny Artemov (X)
58 mins
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Spassiva bolshoi!
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neutral |
Billh
: novation is the wrong word here. This is not a novation in the English sense.
5 hrs
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That's why I prefixed with debtor in brackets. The wording of the Credit Facility Agreement s not quoted.
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5 hrs
agreement to modify
Novacion is NOT th. same as novation in English. It is a much broader concept.
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Note added at 5 hrs (2014-08-06 22:07:19 GMT)
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Novation
The substitution of a new contract for an old one. The new agreement extinguishes the rights and obligations that were in effect under the old agreement.
A novation ordinarily arises when a new individual assumes an obligation to pay that was incurred by the original party to the contract. It is distinguishable from the situation that occurs when another individual makes a guarantee that a debtor will pay what he or she owes to a creditor. In the case of a novation, the original debtor is totally released from the obligation, which is transferred to someone else. The nature of the transaction is dependent upon the agreement between the parties.
A novation also takes place when the original parties continue their obligation to one another, but a new agreement is substituted for the old one.
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Note added at 5 hrs (2014-08-06 22:07:52 GMT)
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En derecho, se define la novación como la modificación o extinción de una obligación jurídica o transmisión por parte de otra obligación posterior. Si extingue una obligación, es denominada novación propia o extintiva, si modifica esencialmente la obligación preexistente, se la denomina novación impropia o modificativa.
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Note added at 5 hrs (2014-08-06 22:07:19 GMT)
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Novation
The substitution of a new contract for an old one. The new agreement extinguishes the rights and obligations that were in effect under the old agreement.
A novation ordinarily arises when a new individual assumes an obligation to pay that was incurred by the original party to the contract. It is distinguishable from the situation that occurs when another individual makes a guarantee that a debtor will pay what he or she owes to a creditor. In the case of a novation, the original debtor is totally released from the obligation, which is transferred to someone else. The nature of the transaction is dependent upon the agreement between the parties.
A novation also takes place when the original parties continue their obligation to one another, but a new agreement is substituted for the old one.
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Note added at 5 hrs (2014-08-06 22:07:52 GMT)
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En derecho, se define la novación como la modificación o extinción de una obligación jurídica o transmisión por parte de otra obligación posterior. Si extingue una obligación, es denominada novación propia o extintiva, si modifica esencialmente la obligación preexistente, se la denomina novación impropia o modificativa.
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