caigan en causal de caducidad

Discussion in 'Legal Terminology' started by Porteño, Apr 25, 2013.

  1. Porteño Senior Member

    Buenos Aires
    British English
    Good afternoon everyone. I am endeavouring to translate a Peruvian mining rights contract and have come across this phrase which I'm getting tied in knots trying to come up with a viable translation into AE.

    The context is as follows:

    En el caso que la adquirente pretenda permitir que uno, algunos o todos los derechos mineros caigan en causal de caducidad, deberá comunicar dicha intención a la transferente antes que ocurra dicha causal.

    In the event that the purchaser intends to allow one, some or all the mining rights ................................. they shall have to communicate said intention to the transferring party before said ...... takes place.

    Can anybody please help me out?
  2. David Senior Member

    "[C]aducidad se refiere a 'hacer caducar un derecho es hacerlo caer, y más precisamente extinguirlo, en general por causa imputable al titular del derecho.'” In other words, one who enjoys a right subject to certain conditions might lose that right in the event that one of the events or circumstances serving as grounds for forfeiture (causal) occurs. There is probably an earlier paragraph (or perhaps later) giving the causales which would be considered a reason for a particular mining right to be considered forfeit or abandoned, for example in a sentence on the order of "Said rights shall be terminated for cause if the adquiriente (a) fails to begin surface mining operations on or before December 31, 2015 or (b) ..." etc." The translation is tricky because in Spanish a causal can "occur," but I don't think you could say in English that a "cause occurs..." The exact word you use for causal would depend on what word you used to translate it elsewhere,

    You might try something along the following lines:

    In the event that the purchaser intends to allow one, some or all of the mining rights to lapse, said intention shall be communicated to the transferring party before the [event (or) circumstance (or) grounds (or) triggering event (or) any of said dates] shall have occurred.

    [P.S.: Are you sure this adquirente has acquired rights by purchase, transfer, lease, or some other means, in which case "purchaser" might not be the right word.]
  3. Porteño Senior Member

    Buenos Aires
    British English
    Thank you very much. However. as the deadline expired, I sent the following, which I think is more or less along the lines of your suggestion. Your comments would in any case be welcome.
    "In the event that THE PURCHASER intends to allow one, some or all of THE MINING RIGHTS fall on the grounds of expiry, they shall have to advise THE TRANSFERRING PARTY of said intention in order that same can opt to acquire them gratuitously (or the value THE TRANSFERRING PARTY decides at their own discretion) from THE PURCHASER if THE TRANSFERRING PARTY so wishes and THE MINING RIGHTS in question (“THE MINING RIGHTS TO BE EXTINGUISHED”) before said causal takes place."
    Last edited by a moderator: Jan 4, 2015

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