Glossary entry

Portuguese term or phrase:

por fundamento diverso de incumprimento contratual

English translation:

for grounds other than breach/default

Added to glossary by Ana Vozone
Nov 11, 2010 19:17
13 yrs ago
9 viewers *
Portuguese term

por fundamento diverso de incumprimento contratual

Portuguese to English Law/Patents Law: Contract(s)
O contrato extingue-se, em caso de extinção do CONTRATO XXX, ***por fundamento diverso de incumprimento contratual***.

The "contrato" is only valid insofar as the "CONTRATO XXX" is valid.

But what does "por fundamento diverso de incumprimento contratual" mean exactly?

Thanks
Change log

Nov 28, 2010 08:57: Ana Vozone Created KOG entry

Discussion

Walter Moura Nov 11, 2010:
Lawyers will be lawyers in Portugal and in US I don't think the Contract being applied to Portugal changes its intended meaning. Lawyers will be lawyers anywhere. If they can't twist your thought, where is the(ir) fun?
Laureana Pavon (asker) Nov 11, 2010:
Portugal The contract was written and applies to Portugal. Does this change anything? Thanks again for all your help, I really appreciate it.
Gilmar Fernandes Nov 11, 2010:
Read it too quickly, sorry for the misundertanding Walter's is the correct answer. I jumped the gun by agreeing with Doug's answer. He's got the translation of "breach of contract" correct, however just did not word it right, i.e. the part "por fundamento diverso" SORRY ABOUT THE CONFUSION
Ivan Rocha, CT Nov 11, 2010:
Laureana,

Se o contrato é brasileiro, a resposta correta é a do Walter. "Fundamento diverso de incumprimento contratual" quer dizer, no jargão jurídico brasileiro, "por fundamento outro que não o descumprimento do contrato".
Laureana Pavon (asker) Nov 11, 2010:
Opposite answers How is it possible to have two answers, each with another person that agrees and with completely opposite meanings?
What I can't figure out is whether the "contrato" is no longer valid due to a breach of contract or due to some reason other than breach of contract.

Proposed translations

2 hrs
Selected

for grounds other than breach/default

diverso de = other than
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you for your help"
-1
3 mins

due to any breach of contract

HIH
Peer comment(s):

disagree coolbrowne : It's the opposite. It refers to reasons other than lack of fulfillment
8 hrs
Something went wrong...
+3
10 mins

owing to anything other than contract violation

diverso de = diferente de
Peer comment(s):

agree Marlene Curtis : fundamento diverso =motivo diferente
2 mins
Thanks, Marlene
agree Ivan Rocha, CT
16 mins
Thanks, Ivan
agree Gilmar Fernandes : This is the correct answer. I jumped the gun by agreeing with Doug's answer above. He's got breach of contract correct, just did not word it right, i.e. the part "por fundamento diverso" SORRY ABOUT THE CONFUSION
25 mins
Thanks, Gilmar.
Something went wrong...
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