contratante (in a Service Agreement)

christelleny

Senior Member
French-France
Ref. Sp>En translation of CONTRATANTE in the context of a SERVICE AGREEMENT.

I’m not a legal translator but in the past few months, I’ve had to translate several Service Agreements into English, which prompted me to give more thoughts to the CONTRATANTE vs. CONTRATISTA issue in that context (Service Agreements). While “CONTRATISTA” doesn’t typically pause any problem to anyone (it’s generally the SERVICE PROVIDER, PROVIDER, CONTRACTOR, etc. depending on context), “CONTRATANTE” is the subject of many, many threads – none of which seem to address service agreements or give a definite answer… so I thought I would start a new thread for future reference.

Let’s start by analyzing briefly the terms previously suggested:

1. CONTRATANTE = EMPLOYER
Most service agreements specify that the agreement does not imply nor constitute an employment relationship, so the CONTRATANTE is not necessarily the employer.

2. CONTRATANTE = CONTRACTOR
(En)
According to the legal definition of the term, a CONTRACTOR (En) is either 1) a person or entity that enters into a contract (i.e. it can refer to either party or 2) commonly, a person or entity that agrees to construct a building or to provide or install specialized portions of the construction. (i.e. the “contrastista”), so using it in a Service Agreement could lead to confusion.

3. CONTRATANTE = BUYER
Cornell University Law School and most legal dictionaries define the BUYER as the person who buys or contracts to buy goods, so BUYER wouldn’t typically apply to services.

4. CONTRATANTE = CONTRACTING PARTY
Legal dictionaries define the CONTRACTING PARTY as the "Person who gets into an obligatory contract with one (or more) dealing parties and hence accepts the profits and responsibilities provided in it." (i.e. it can refer to either party.)

5. CONTRATANTE = CONTRACTING AUTHORITY
EU law uses CONTRACTING AUTHORITY to refer to the State, regional or local authorities, bodies governed by public law, associations formed by one or several of such authorities or one or several of such bodies governed by public law. So it wouldn’t apply to a private “contratante”.

6. CONTRATANTE = CONTRACTING ENTITY/COMPANY
I couldn’t find CONTRACTING ENTITY or CONTRACTING COMPANY in any legal dictionary but they seem quite common in Service Agreements. However, just like "contracting party", they could be interpreted as the entities/companies entering a contract, not necessarily the entity/company doing the contracting/hiring.


So who’s the CONTRATANTE in the context of a Service Agreement? I believe the legal definition of “Service Agreement” itself gives us an answer:

Depending on the type of Service Agreement (general, consulting work, etc.), the CONTRATANTE may be:

  • The CLIENT or CUSTOMER
  • The PROPERTY OWNER or BUSINESS OWNER


Personally, I think CLIENT is quite multipurpose and that’s what I picked.
 
  • Yseed

    Senior Member
    spanish
    It is great, refers to the customer.
     
    Last edited by a moderator:
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