The introductory clause in Spanish contracts generally includes the Reunidos (las partes) and Intervienen (intervencion y capacidad) sections. Unfortunately, in many situations, lawyers write these types of contracts in English with few thoughts involved in other languages in transactions. The most commonly used languages for multilingual commercial contracts are English, Chinese, Korean, German, Spanish and Russian. Sometimes lawyers think, at the last second, to add a basic language that indicates that English is the “official language” of the contract – while acknowledging and denouncing the fact that the other party is not a native English speaker. The obvious arrogance and repulsive tone with which this clause is often formulated also undermines cordial multicultural trade negotiations. But now we want to highlight the differences between these terms. Convenio and acuerdo emphasize the right to contractual freedom; the idea of consensus is very clear. However, for some contracts that we sign every day, liability contracts are used more often, i.e. pre-printed contracts in which one party decides the terms of the relationship and the other party can (sign) only the contract (the relationship is not defined). In this case, there is no room for negotiation.
Here we refer to adhesien contracts (not convenios or acuerdos). It is currently one of the most commonly used contracts. So how do you translate a contract into Spanish? Legal translation, including the translation of contracts, agreements and other legal documents, is not easy. A typical legal translation must be precise, the terminologies translated with absolute precision and nothing lost in the translation. In addition, legal conditions, contractual meanings and technical words vary from country to country. For example, it would be a terrible mistake to think that the same contract would work well for a Mexican company, say, Spain. Of course, both countries speak Spanish, but there are differentiated differences that are country specific and that you have to take into account. What can you do with a multilingual contract in legal disputes in the United States? All foreign language documents submitted in federal court proceedings must be translated into English. The federal rule of evidence 604 provides that “the interpreter is subject to the provisions of these rules relating to expert qualification.” The rule has been extended to translators and, therefore, they can qualify as experts under the federal rule of evidence 702. In many cases, the parties offer different translators with opinions asserting that the reliability of another`s translation is wrong. The reason is simple: if you expect to sue in a Chinese (or foreign) court, the staff of that court will not speak English. You won`t read English.