Inadimplência

  • Que trem doido

    Senior Member
    E.U.A. English
    Seria "default" mesmo se o contexto fosse um de finanças. Porém, se o contexto fosse um contexto jurídico, aí o termo mais usado seria "breach of contract".
     

    Carfer

    Senior Member
    Portuguese - Portugal
    Could it not also mean 'non-compliance'?
    I think that 'incumprimento' (or sometimes 'desconformidade', in a broader sense, depending on context, of course) would be a better translation for 'non-compliance'. 'Inadimplência' is a specific form of 'incumprimento', it's the failure to discharge/to pay a duty when due, which in English is actually called 'default' (see Barron's Dicionary of Legal Terms).

    I would translate 'breech of contract' as 'violação/quebra de contrato', which is also a form of the more general term 'incumprimento'
     

    Porteño

    Member Emeritus
    British English
    I think that 'incumprimento' (or sometimes 'desconformidade', in a broader sense, depending on context, of course) would be a better translation for 'non-compliance'. 'Inadimplência' is a specific form of 'incumprimento', it's the failure to discharge/to pay a duty when due, which in English is actually called 'default' (see Barron's Dicionary of Legal Terms).

    I would translate 'breach of contract' as 'violação/quebra de contrato', which is also a form of the more general term 'incumprimento'
    I really should have provided the context from where I got the idea of 'non-compliance' since it is rather different from the idea of default as I see it:

    'sendo que durante este período não caberão à CONTRATADA quaiquer apontamentos de inadimplência ou penalidades referentes a este item.'

    that during this period the CONTRACTOR shall not be subject to any penalties for non-compliance with regard to this item.
     
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    Carfer

    Senior Member
    Portuguese - Portugal
    I really should have provided the context from where I got the idea of 'non-compliance' since it is rather different from the idea of default as I see it:

    'sendo que durante este período não caberão à CONTRATADA quaiquer apontamentos de inadimplência ou penalidades referentes a este item.'


    that during this period the CONTRACTOR shall not be subject to any penalties for non-compliance with regard to this item.
    It's the first time I hear 'apontamentos de inadimplência' (notes ?? of default / or non-compliance in porteño's view) and I'm not sure of having fully grasped it's meaning. But, isn't there a payment involved, as the sentence seems to imply by the use of 'inadimplência'? If there is I would stick to 'default', otherwise I reckon that 'non-compliance' would be a better choice.

    Thanks for the correction, Porteño.
     

    Porteño

    Member Emeritus
    British English
    It's the first time I hear 'apontamentos de inadimplência' (notes ?? of default / or non-compliance in porteño's view) and I'm not sure of having fully grasped it's meaning. But, isn't there a payment involved, as the sentence seems to imply by the use of 'inadimplência'? If there is I would stick to 'default', otherwise I reckon that 'non-compliance' would be a better choice.

    Thanks for the correction, Porteño.
    Actually I also found it to be a rather strange expression (it sounds more like a points system in a school). The entire contract is somewhat poorly written in my opinion, the lawyer involved having developed his own very particular terminology. As far as I can see, there is no mention as to what form said penalties would take, but I think one can safely assume they would be of a pecuniary kind. In the clause in question, the Contractor is being exempted from any penalties during the trial period of of a new system.:)
     

    Carfer

    Senior Member
    Portuguese - Portugal
    ... it sounds more like a points system in a school
    That's what I thought too.

    As far as I can see, there is no mention as to what form said penalties would take, but I think one can safely assume they would be of a pecuniary kind. In the clause in question, the Contractor is being exempted from any penalties during the trial period of of a new system.:)
    I think it's not the nature of the penalties (pecuniary or otherwise) that is the core of this matter, rather it's what sort of breach of contract they stem from. If from a failure to pay a duty, 'default'. If from a less specific and different failure, 'non-compliance'.
    Anyway, I must say I'm making these fine distinctions just because my Brazilian-PT 'Portuguese-English Law Dictionary' defines 'inadimplência' specifically as 'failure to pay a duty'. As such it's closer to the more specific English term 'default'. In PT-Portuguese it would be OK to translate 'inadimplência' as 'non-compliance' as we define 'inadimplência' as any breach of contract. Maybe some Brazilians jurists view it the same way.
     
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