Glossary entry (derived from question below)
Spanish term or phrase:
ESCRITURA DE OPCIÓN DE COMPRA
English translation:
notarial (or) notarially-recorded purchase option
Spanish term
ESCRITURA DE OPCIÓN DE COMPRA
But, in English, I see almost no examples of a Purchase Option "Deed", presumably due to differences in Spanish vs Anglo-Saxon legal systems.
Dilemma: this is registered with the authorities as an escritura; should the term most proximate to the Spanish concept be used, or the one that is most natural in English?
Proposed translations
notarial (or) notarially-recorded purchase option
Loads of translators will object to this assertion and, in fact, legal translators may perhaps be divided into two groups: those who think "deed" is an acceptable translation for "escritura," and those who believe it is just not a close enough "functional equivalent." "Escritura" is everywhere; we are called upon to translate the term practically daily, so it would be great to have a simple four-letter word that for the concept that fits handily into a translation and really conveys its meaning. If "deed" is to be used, perhaps "notarial deed", or better, "notarially-recorded deed" would be preferable. If not, "notarial/notarially-certified/notarially-recorded instrument" are terms that "non-deeder" translators use.
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Note added at 7 days (2019-10-17 10:04:18 GMT) Post-grading
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Thanks for your kind words, Justin. I'm glad you found this answer useful.
A thorough and well-reasoned answer, as always. Hats off, Rebecca. |
agree |
Toni Castano
: I am one of those "sinners" who has used "deed" many times as a translation of "escritura pública", you know, most of times for the sake of brevity, but your line of reasoning is solid, true and fully convincing. I shall leave it here.
29 mins
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Thanks, Toni. Maybe you will become a "non-deeder" too!
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agree |
Yvonne Gallagher
: absolutely agree about overuse of "deed"
2 hrs
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Thanks, Yvonne
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agree |
Maria Garcia
2 hrs
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Thanks, María
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agree |
AllegroTrans
3 hrs
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Thanks, Allegro
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agree |
Andy Watkinson
4 hrs
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Thanks, Andy
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agree |
Manuel Aburto
8 hrs
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Gracias, Manuel
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agree |
Richard Cadena
: Your explanation is the same explanation I got from my guru, Tom West, in a course that I took with him.
9 hrs
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Thanks, Richard. Tom is a good friend; we've exchanged translation ideas for many years, and we're on the same "wave length" on many aspects of legal terminology.
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neutral |
Adrian MM.
: are you sure it's the (purported, may be non-existent) option and not the 'escritura' being regd. I've regd. these 'escrituras' at the Registro de Propiedad and Mercantil in Madrid and the 'asiento' shows up as the escritura.
6 days
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agree |
meminube
100 days
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call option deed
An opción de compra is a call option, while an opción de compra is a put option.
Shaun
(Land) Purchase Option Deed; (Oz) Call Option Deed
Call option deed does work Down Under in another Anglo-American (= 'Anglo-Saxon') Law country, not only for commodities and company shares, but for land.
Unusual in the UK for such an option to be contained in a deed, but could well be over unregistered land. In the case of registered land, the option to buy would be registered as an *estate contract* - in which event there would be no need for a paper Deed under Seal.
Oz: The option deed must have annexed to it a complete and valid contract for sale and purchase of land (in addition to other technical documents).
agree |
AllegroTrans
: Well it's not the UK so nothing unusual, prcatically everything gets recorded by notaries in Spain, including what the parties ate for breakfast
3 hrs
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Indeed. It's a Spanish routine. I like Rebecca's notarial record if a physical doc. rather than an entry - except British (and Irish) expats in Spain, incl. my relatives, refer to their 'escritura' loosely as the conveyance.
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agree |
Francois Boye
: call option deed
13 hrs
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Merci, gracias and thanks.
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purchase option contract
neutral |
AllegroTrans
: It is effectively a contract but "escritura" doesn't mean contract
42 mins
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Option to Buy Contract/Option to Purchase Agreement
OPTION AGREEMENT. This Option Agreement is made on this the ___ day of , 20 , by and between ______ , hereinafter referred to as the SELLER and ______
A real estate option to purchase agreement also known as option to buy contract is a contract on a specific piece of real estate that allows the buyer the exclusive
https://freelegalforms.uslegal.com/options/purchase-property/
https://www.realestatesalesllc.com/real-estate/option-buy-contract-protects/
Discussion