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  1. #1
    EmSi is offline Newbie
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    Default Again about contract wording

    Hello, everyone,

    A great forum!
    Could you, please, help me with the following?

    I've just translated a short standard contract from Russian into English. The editor says, using "hereinafter to be referred to " was wrong, because he came across "hereinafter referred to" in English contracts more frequently.

    I feel that both wordings are acceptable, so he MAY change mine, but he MAY NOT insist that I was wrong.
    What would you say?

  2. #2
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    Default Re: Again about contract wording

    Welcome to the forum, EmSi.

    I would say that your editor is right.
    Please do not edit your question after it has received a response. Such editing can make the response hard for others to understand.


  3. #3
    EmSi is offline Newbie
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    Default Re: Again about contract wording

    Quote Originally Posted by 5jj View Post
    Welcome to the forum, EmSi.

    I would say that your editor is right.
    Thank you, 5jj, for your welcoming me and for your quick reply!

    However, I surely saw such wording (with TO BE) in some British and American contracts. Were they wrong? Could that "to be" be used by lawyers to emphasize the importance of people/companies referred to?

  4. #4
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    Default Re: Again about contract wording

    Quote Originally Posted by EmSi View Post
    However, I surely saw such wording (with TO BE) in some British and American contracts. Were they wrong? Could that "to be" be used by lawyers to emphasize the importance of people/companies referred to?
    OK, I wouldn't, if pressed, say that 'to be' is wrong. If there is a difference in meaning, it's that 'hereinafter referred to as ...' means that from this pont on they are referred to in this way; 'hereinafter to be referred to as ...' could suggest that they are to be (imposing an obligation) referred to in this way. This seems to me to be an unnecessary addition. What would happen if the writer of the contract forgot to do this? Could that render the contract invalid because a requirement imposed earlier in the contract had been ignored? Omitting 'to be' seems to me to be simpler and safer.

    ps. When people translating contracts into English ask my advice, I normally stress that I am a teacher, not a lawyer. All translations of contracts should be checked by a lawyer who is a native speaker of English.
    Please do not edit your question after it has received a response. Such editing can make the response hard for others to understand.


  5. #5
    EmSi is offline Newbie
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    Default Re: Again about contract wording

    Quote Originally Posted by 5jj View Post
    ps. When people translating contracts into English ask my advice, I normally stress that I am a teacher, not a lawyer. All translations of contracts should be checked by a lawyer who is a native speaker of English.
    Of course, and thank you very much again! Unfortunately, the editor is Russian, like me. This is why I'm trying to clear it with native speakers, especially teachers, even if not lawyers.

  6. #6
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    Default Re: Again about contract wording

    Quote Originally Posted by EmSi View Post
    Of course, and thank you very much again! Unfortunately, the editor is Russian, like me. This is why I'm trying to clear it with native speakers, especially teachers, even if not lawyers.
    At the risk of being boring, I'll emphasise again the importance of lawyers in checking contracts. One reason that legal English can seem so tedious and, at times, unnecessarily wordy, is that lawyers are (or should be) experts in ensuring that the words used in legal documents say all and only what they want them to say. Non-lawyers, even experienced and talented writers/teachers, cannot necessarily spot potential legal problems in what seems to be perfectly sound English.
    Please do not edit your question after it has received a response. Such editing can make the response hard for others to understand.


  7. #7
    EmSi is offline Newbie
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    Default Re: Again about contract wording

    Quote Originally Posted by 5jj View Post
    At the risk of being boring, I'll emphasise again the importance of lawyers in checking contracts. One reason that legal English can seem so tedious and, at times, unnecessarily wordy, is that lawyers are (or should be) experts in ensuring that the words used in legal documents say all and only what they want them to say. Non-lawyers, even experienced and talented writers/teachers, cannot necessarily spot potential legal problems in what seems to be perfectly sound English.
    No, you're not boring at all. And you're absolutely right!
    Moreover, my husband is a lawyer, and when I make legal translations into Russian (I do that quite frequently and from 3 foreign languages), he always says, for instance: Yes, this may be correct grammatically, but we don't write so, we write it differently! So, I can boast of being unguilty of any claims arising from wording I had used in my translations into Russian.)) However, when translating into a foreign language, one cannot be sure of being correct at all times, of course. As to me, I'm never sure.
    So, thank you again, and nice to meet you here. I think I'll often visit the forum now.

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