Jan 8, 2022 17:59
2 yrs ago
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Portuguese term

recurso à via extrajudicial

Portuguese to English Law/Patents Law (general)
This is part of a Tender Specifications document

TÍTULO III - RESOLUÇÃO DE LITÍGIOS

Cláusula 17.ª (Resolução Extrajudicial)
1. Ambas as Partes declaram que estão de boa-fé e que envidarão todos os esforços, bem como hão-de utilizar todos os meios ao seu alcance, com vista a assegurar a prossecução dos objectivos previstos no Contrato, privilegiando sempre a solução de quaisquer divergências, dúvidas ou omissões pelo recurso à via extrajudicial.

Proposed translations

+4
53 mins
Selected

recourse to negotiation and settlement out of court

(...) privilegiando sempre a solução de quaisquer divergências, dúvidas ou omissões pelo recurso à via extrajudicial.

(...) and that they will always seek to resolve any differences, doubts or omissions via recourse to negotiation and settlement out of court.
Peer comment(s):

agree Nick Taylor
1 hr
Thanks Nick
agree Mario Freitas :
1 hr
Obrigado Mário
agree Felipe Tomasi
3 hrs
agree Lucas Santos
6 hrs
neutral Andrew Bramhall : Yes, but for me, ' resort' is better than 'recourse'; the latter means ' access to', the former means a less than ideal course of action forced by some external motivating factor.// No, no mix-up at all. Same definition as mine; point not proven sadly.
14 hrs
resort to: 1. turn to and adopt (a course of action, especially an extreme or undesirable one) so as to resolve a difficult situation. 2. to do something that you do not want to do because you cannot find any other way of achieving something. Your mix-up.
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4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
3 mins

resorting to extra-judicial means

by resorting to extra-judicial means. In other words, an out-of-court settlement;
Peer comment(s):

neutral Mark Robertson : Out of court settlement is preferred and therefore a recourse and not a resort. "priviligiando"
4 days
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29 mins

favoring/prioritizing the extrajudicial solution

IMHO, the more succinct, the better. This is how I would translate the text string.

… always favoring the extrajudicial solution of any disagreements, questions or omissions.

Alternate translation: “prioritizing” instead of “favoring”.

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Note added at 43 mins (2022-01-08 18:42:12 GMT)
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Example Sentences

We offer assistance for an extrajudicial solution of accidents and we support our clients in judicial actions, when claiming for damages as a consequence of road accidents. http://www.studioferrando.com/en/practice-areas

The evidence to be produced, listed below, making known facts and reasons currently unavailable, may justify or avoid the filing legal action, under the terms of item III of article 381 of the Code of Civil Procedure, or even enable the extrajudicial solution of conflicts, under the terms of item II of the same article. http://climatecasechart.com/climate-change-litigation/wp-con...

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Note added at 45 mins (2022-01-08 18:44:14 GMT)
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If EN-GB: favouring
Peer comment(s):

neutral Andrew Bramhall : You're adding meaning there Oliver;
2 hrs
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1 hr

applying for/ filing of an administrative solution

other option:
- applying for/ filing of a out of court solution
- applying for/ filing of an extrajudicial solution
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2 hrs

recourse for out-of-court settlement

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4 hrs

resort to ADR

resort to alternative or appropriate dispute resolution
Example sentence:

POR: There are four other entities dedicated to extra-judicial dispute resolution under the terms of decree-law 146/99 dated 4 May.

Peer comment(s):

neutral Andrew Bramhall : An agree for 'resort' over 'recourse', not convinced by the rest.
1 hr
ADR is what is used in legal practice Transatlantically and Down Under. You ought to know this if commenting on legal questions,
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