Hello: I congratulate you for the blog, certainly useful. As a lawyer and teacher, I could not avoid this remark to clarify some legal concepts of contract law. I will not settle for its translation into English, but only the meaning in Spanish law: 1.- Dissolution and termination are species of a kind: the contractual inefficiency that came. But they have different bases. 2.- The resolution always implies the existence of a prior infringement. The party concerned may terminate the contract in case of non-compliance with the consideration. Non-compliance must also be essential, substantial and definitive (fundamental violation). 3.- On the contrary, termination means the existence of prejudice or fraud. Injuries and non-compliance are not synonymous. There is a violation of the pact if the price received is significantly less than the value of the delivered thing. There is no disrespect: the parties respect the agreement, but the defect existed from the beginning.
Not all systems allow violations as a basis for termination: in the Civil Code – Common Law – it is only allowed for contractors who deserve special protection (minor, incapacitated and absent); On the other hand, Catalan civil law is allowed to resign for ultradimidum injuries. Fraud is involved in the intention to deceive or cheat (non-believer). 4.- What you call termination is a genuine unilateral withdrawal, typical of successive contracts: it is indeed an exception to the principle of contractual linkage that allows the party to distance itself by free will. It is true that it is commonly common to call the recession a downturn, but in terms of pure law, unilateral withdrawal is the right thing to do. If the revocation is notified, if the other party does not agree, there may be opposition and, finally, a court will decide whether or not the contract can be terminated for that reason. 5.- Finally, with regard to the search for equivalent terms in English law, I translate it as follows: “resolution” is termination/cancellation, “cessation” is appropriate only by associating it with the Spanish legal concept of nullity by dolo/error, with which it is closely linked, which is why “resolution” is the right one, and finally “withdrawal” is Anglo-Saxon dismissal. I hope I`ve been helpful. Good luck.
Manuel Despite the many different causes that can lead to the termination of the contract and that The Anglo-Saxon legal language has a specific term for almost all, nobiss is often used to refer to most of them. It is therefore important to use the corresponding phrase when the clause is moved to Spanish in order to avoid possible misinterpretation. Thank you for your ticket. As an international insurance rights defender, I am very often confronted with this problem when trying to apply contracts concluded abroad in Spain. In this context, I would like to ask you how you could translate the term “termination” into a confidentiality agreement with the following clause: “Any contracting party must terminate this contract in writing within six months.” The translation we used is “Termination,” but I can`t help but feel uncomfortable with its use, because “stop” doesn`t imply disrespect.