Glossary entry

Spanish term or phrase:

Sin perjuicio de lo anteriormente expuesto

English translation:

Notwithstanding the aforementioned,

Added to glossary by lbotto
Jul 17, 2020 21:38
3 yrs ago
32 viewers *
Spanish term

Sin perjuicio de lo anteriormente expuesto

Non-PRO Spanish to English Law/Patents Mining & Minerals / Gems Agreemets
Durante un plazo de seis (06) años, a computarse a partir de la fecha de suscripción de la Escritura Pública a que de origen del presente acuerdo formal, el "COMPRADOR" se compromete a completar el pago restante de los $500,0000 netos (quinientos mil dólares americanos netos), siempre teniendo en cuenta los depósitos anteriores.

Sin perjuicio de lo anteriormente expuesto, "EL COMPRADOR" quedará liberado de todas sus obligaciones derivadas del Compromiso de Inversión acordado, en el caso que
cumpliese con pagar anticipadamente a "EL PROVEEDOR", el importe total
correspondiente al precio pactado entre ambos por el valor de Ia concesion minera Abundia-1 ($500,000) QUINIENTOS MIL DÓLARES AMERICANOS.
Change log

Jul 18, 2020 11:37: patinba changed "Level" from "PRO" to "Non-PRO"

Votes to reclassify question as PRO/non-PRO:

PRO (3): Toni Castano, Déborah Gelardi, Robert Carter

Non-PRO (3): Joshua Parker, TechLawDC, patinba

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Proposed translations

+1
5 mins
Selected

Notwithstanding the aforementioned,

Peer comment(s):

agree Joshua Parker : Or the foregoing. Pretty standard. And asked and answered.
25 mins
Right!
neutral TechLawDC : "the aforementioned" is not standard legal language. "aforementioned" is an adjective, not a noun or an adjectival noun.
5 hrs
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4 KudoZ points awarded for this answer. Comment: "Muchas gracias Deborah"
+1
55 mins

Without prejudice to the above

The use of the word notwithstanding in contracts does not differ from its plain and ordinary English meaning. Notwithstanding means in spite of, despite, even if, without regard to or impediment by other things, all the same, however, in any case, in any event, nevertheless, none the less, still, yet. Like subject to, the word notwithstanding creates a priority of provisions.

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Note added at 57 mins (2020-07-17 22:35:34 GMT)
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The use of notwithstanding might result in (unintended) ambiguities; when a third contract clause refers to a section that is itself subordinate to another clause, which uses notwithstanding: in that case it might be uncertain whether the prevailing clause (i.e. in which the reference notwithstanding was made) is intended to be captured by such third contract clause. If the section referred to in the third contract clause is subordinated to another clause by using subject to, the ambiguity does not occur because in that case it is clear that the subordinated section is limited by that other clause as well (since the subordinated clause says so itself).

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Note added at 1 hr (2020-07-17 22:39:08 GMT)
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“Notwithstanding” looks back to the main rule.
It is used in a clause that is to take priority over
another clause. It tells the reader that the subject
clause overrides the clause(s) to which it refers.
It is, in effect, the opposite of “subject to”.


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Note added at 1 hr (2020-07-17 22:41:06 GMT)
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"without prejudice to"
This expression is used in a clause where
there is to be no priority given over another
clause. It tells the reader that the clause in
which the expression appears does not affect
the clause to which it refers.
Peer comment(s):

agree Robert Carter : Spot on with those references. "Notwithstanding" (i.e., overriding the above) is actually the opposite of "Sin perjuicio de" (subordinate to the above).
7 hrs
well used to this Robert so no worries... thanks for the confirmation though :)
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4 hrs

However

If you want to keep it simple.
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6 hrs

notwithstanding anything herein to the contrary

Notwithstanding anything to the contrary contained herein. Most written contracts have many moving parts. Sometimes at the end of negotiations, the parties agree on something that might vary from something else they previously agreed to. ... It means that the contract might say two different and inconsistent things.
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