Word capitalization in contracts and agreements
Thread poster: Richard Marzan
Richard Marzan
Richard Marzan  Identity Verified
Local time: 07:34
English to Spanish
+ ...
Jan 6, 2011

Below is the source text in English that I'm translating into the Spanish language. As you may note there are many words within the text that begin with capital letters. My question is: In my translation to the Spanish, do I have to write those words following this pattern in English? It's an Agreement.

The words are: Right to Receive Payments, Payments, Capital Account, Agreement.

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Section 1.01. Termination by the CP of the MAP’s Right to Receive Payment
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Below is the source text in English that I'm translating into the Spanish language. As you may note there are many words within the text that begin with capital letters. My question is: In my translation to the Spanish, do I have to write those words following this pattern in English? It's an Agreement.

The words are: Right to Receive Payments, Payments, Capital Account, Agreement.

------
Section 1.01. Termination by the CP of the MAP’s Right to Receive Payments; Termination of the MAP Capital Account. Notwithstanding Section 3.01(iii) of this Agreement, if the CP terminates Payments to the MAP, the CP shall by notice to the MAP terminate the right of the MAP to receive Payments, and upon the giving of such notice, the MAP Capital Account shall be terminated.
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Mark Robertson
Mark Robertson
Local time: 11:34
Member (2010)
Portuguese to English
+ ...
Capitalised Words Jan 6, 2011

If the contract contains a definitions clause and the capitalised words are the words defined in the definitions clause you must retain the capitalisation, otherwise you should observe the rules of the target language. The source text does look a bit strange and seems to be internally inconsistent. For example the expression "to receive payments" appears twice, once capitalised and once uncapitalised.

 
Henry Hinds
Henry Hinds  Identity Verified
United States
Local time: 05:34
English to Spanish
+ ...
In memoriam
Rules Jan 6, 2011

Absent any governing authority on the subject, I can only state my own practice. I such cases as this (a legal document) I always retain capitalization as in the original, among other things because it serves as emphasis. In other cases it would be preferable to follow the overall Spanish rule of capitalizing only the first word of titles.

 
Lingua 5B
Lingua 5B  Identity Verified
Bosnia and Herzegovina
Local time: 12:34
Member (2009)
English to Croatian
+ ...
Emphasis in English Jan 6, 2011

Henry Hinds wrote:

Absent any governing authority on the subject, I can only state my own practice. I such cases as this (a legal document) I always retain capitalization as in the original, among other things because it serves as emphasis. In other cases it would be preferable to follow the overall Spanish rule of capitalizing only the first word of titles.


I'm aware that capitalization is sometimes used in English to emphasize something but that's not the way to emphasis notions in all other languages ( or not always). There are very specific rules related to this in my language, such as if you capitalize an inanimate entity it may indicate personification ( this is just an example, doesn't fit this legal context though).

For the topic starter: I'd definitely ask the client if it's relevant to retain the capitalization, and if not, I'd follow the standard rules for the Spanish language.

[Edited at 2011-01-06 19:57 GMT]


 


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Word capitalization in contracts and agreements






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