Glossary entry

Czech term or phrase:

Smlouva o budoucí smlouvě o zastavení pohledávek

English translation:

agreement on a future pledge agreement

Added to glossary by Kristina Thew
Oct 19, 2013 08:28
10 yrs ago
Czech term

Smlouva o budoucí smlouvě o zastavení pohledávek

Czech to English Bus/Financial Law: Contract(s)
Prosím o radu, jak nejlépe přeložit tento název smlouvy. Jedná se o uzavření smlouvy mezi bankou a budoucím zástavcem nemovitosti.

moc děkuju

Discussion

Petr Kedzior Oct 20, 2013:
The term preliminary agreement/contract may be somewhat tricky. A good article on the subject from Harvard Law Review:

http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?artic...
Vladimír Hoffman Oct 20, 2013:
2 Stuart Well, good point, but I have not noted that just this rule is strictly observed. Individual suggestions, their strengths and weaknesses (if any) are frequently, if not usually, discussed also through discussion or entries in alternative proposals. I am of the opinion that if such a discussion is focused on the subject matter, it is useful for all parties involved. Actually, I got very valuable opinions and evalutations related to my proposals just through discussion, leaving comments only under a proposal is somehow limited (proposal-comment-answerr, and that's all)
Stuart Hoskins Oct 19, 2013:
Vladimir No quarrel! It’s just that if you write “agreement on future agreement (contract) anglosaské právo nepozná”, that is quite manifestly a comment on my answer, and as such should be made as a peer comment, as this gives me a chance to respond (see KudoZ rule 3.4). I’m sure I’m breaking a rule myself by posting this discussion entry!

Proposed translations

+3
5 mins
Selected

agreement on a future pledge agreement

not pretty, but necessary. Don’t use “letter of intent” – a letter of intent is non-binding whereas a “smlouva o budouci smlouve” is binding.

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Note added at 30 mins (2013-10-19 08:58:53 GMT)
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"receivables pledge agreement" http://agreements.realdealdocs.com/Security-Agreement/RECEIV...
Peer comment(s):

agree Petr Kedzior : agreement on a future receivables pledge agreement. You left out the receivables...
15 mins
Thanks, Petr, duly corrected.
agree Zbyněk Táborský : *as Petr pointed out
7 hrs
Thanks, Zbynek
agree Nathaniel2 : Yes, this is an ugly thing but definitely not a letter of intent
8 hrs
Thanks, Nathaniel
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you, very tricky - maybe this is the safest option?. I do like Preliminary Contract, just not sure of the enforceability, it depends on various factors... thank you Vladimir as well. "
5 hrs

Preliminary contract of pledge of receivables

Toto sa už opakovane riešilo, agreement on future agreement (contract) anglosaské právo nepozná.
Note from asker:
Thank you Vladimir for your suggestion, also think this is a good one, just not sure of the enforceability, depending on circumstances... think agreement of future.. might be a safer option to avoid any litigation (personally I translated it as Preliminary Agreement , as the deadline was before I could review answers. Hoping this is also ok, as the meaning is definitely there, just the enforcement by law is sometimes questionable.
Peer comment(s):

neutral Stuart Hoskins : binding "preliminary contracts" do not exist in common law and it would be confusing to translate SoBS as this. Vladimir, if you disagree with my suggestion, you should follow KudoZ rules and "peer comment" me so I can respond. Thanks!
2 hrs
I gave an alternative suggestion, Stuart, and reference to previous discussions about the topic. No intention to quarrel with you. Look at this site http://www.condolegal.com/index.php/en/purchasing/factsheets...
Something went wrong...
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