con renuncia del fuero propio que les pudiera corresponder a

BonnieGa

New Member
Bosnian
Extract from a construction contract:

"Todas las cuestiones y discrepancias que la interpretación o cumplimiento de este contrato pudiera suscitar, serán sometidas por ambas partes, con renuncia del fuero propio que les pudiera corresponder a los Juzgados y Tribunales de Málaga."

Just to check whether the last part is (close to) correct:

"..... waiving / with waiver of the own jurisdiction which might belong to them to the Courts of Málaga."

If I understood it correctly, this means that they renounce their own jurisdiction, whichever that might be, and transfer it to the Courts of Málaga.

Thanks a lot.
 
  • OGalati

    Senior Member
    Castellano
    Hello.

    You are right with the sense of the declaration.

    I can't assure the translation is right or not, since terminology could depend on local law. Anyway, I wouldn't use "might" in this kind of declaration. I think this should be more solid without any kind of conditionals.
     

    BonnieGa

    New Member
    Bosnian
    Thank you very much for your response. I used conditional because of "pudiera corresponder" - it can theoretically be any court. Maybe "may" would be better than "might" although it's also not so solid.

    De todos modos muchas gracias.
     

    OGalati

    Senior Member
    Castellano
    OK. You were right with "might" since it is used for "pudiera corresponder". I misunderstood the phrase.

    You have to know a very important element.
    "con renuncia al fuero propio que les pudiera corresponder" is a clarification "inserted" in the middle of the phrase. Then, it must be rounded with commas, and you should be capable of take the clarification off without change the sense of the phrase. So, the Spanish phrase lacks of the ending comma, since without it, you can't surpass the "take-it-off" proof, what could change completely the sense.

    There is another mistake in the phrase, also with commas, but less important: A comma never is used between subject and predicated. So, the comma after "suscitar" is wrong.

    Mistakes with commas are very, very common.

    The right Spanish phrase is:

    "Todas las cuestiones y discrepancias que la interpretación o cumplimiento de este contrato pudiera suscitar serán sometidas por ambas partes, con renuncia del fuero propio que les pudiera corresponder, a los Juzgados y Tribunales de Málaga."
     

    Alisterio

    Senior Member
    UK English
    I think you need to do something with the word order in English to make it more understandable. You could even separate it out into two sentences:

    "Any issues or disagreements arising in connection with the interpretation of or compliance with this agreement shall be submitted by either party to the courts and tribunals of Málaga. Consequently, the parties hereby waive any other jurisdiction that might correspond to them [in all such matters]."
     

    BonnieGa

    New Member
    Bosnian
    You are right, Alisterio, it is more understandable when separated into two sentences. I tried to keep the original length of sentences but some of them are really long and sometimes unclear.

    OGalati, you are right as well - I found numerous mistakes with commas in this contract.

    Thank you both.
     
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