drafting party parte scrivente; estensore dell'accordo

Creator:
Language pair:English to Italian
Definition / notes:KudoZ 28 Dec 2016
[Law/Patents - Recht (allgemein) / stipula e accordo]

* "The parties agree and acknowledge that each party has cooperated in the drafting and preparation of this Agreement, and, accordingly, in any construction or interpretation of this Agreement, it shall not be construed against any party as the **drafting party**". [Accordo di separazione tra coniugi]
=> parte che ha steso/compilato/redatto l'accordo => **estensore dell'accordo**

Cf. occorrenze: "parte scrivente" "accordo" / "drafter" "draftsman" "estensore"
EN>ES: drafting party > la parte que redacta - Apex Administration Terminology Glossary and Workbook for Interpreters (Google Books) + KudoZ (17 Jan 2005) http://www.proz.com/kudoz/english_to_spanish/law_contracts/914931-drafting_party.html

EN explanations
**person who wrote the agreement** => "If I wrote out an agreement and asked you to sign, I would have an advantage in the negotiations because I composed the agreement. The sentence is just to state that neither person/party has such an advantage because both people/parties have helped to write the agreement and neither person/party can be viewed as the one who, on their own, wrote the agreement. The sentence can help to remove any suggestion that there was coercion or that the agreement was signed without being read and understood."

"Drafting. The parties agree that this Agreement shall be construed without regard to the drafter of the same and shall be construed as though each party to this Agreement participated equally in the preparation and drafting of this Agreement. [...] The parties have participated jointly in the negotiation and drafting of this Agreement and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement." https://www.lawinsider.com/clause/drafting

"12. Drafting: This Agreement shall not be construed more strictly against one party than the other merely by virtue of the fact that it has been prepared initially by counsel for one of the parties, it being recognized that both the Wife and the Husband and their respective counsel have had a full and fair opportunity to negotiate and review the terms and provisions of this Agreement and to contribute to its substance and form."
CLAUSES TO PROTECT YOUR CLIENTS (AND YOU) - SEPARATION, p.11 http://www.aaml.org/sites/default/files/clauses%20to%20protect%20your%20clients-separation.pdf

* * *

Contra proferentem - "interpretation against the draftsman"
* "Contra proferentem (Latin: "against [the] offeror"),[1] also known as "interpretation against the draftsman", is a doctrine of contractual interpretation providing that, where a promise, agreement or term is ambiguous, the preferred meaning should be the one that works against the interests of the party who provided the wording.[2] The doctrine is often applied to situations involving standardized contracts or where the parties are of unequal bargaining power, but is applicable to other cases.[3]" https://en.wikipedia.org/wiki/Contra_proferentem
* Articolo 1370 Codice Civile - Interpretazione contro l'autore della clausola
* "La norma è posta a protezione della parte debole che, nelle ipotesi contemplate, non ha, di regola, alcun potere di influenzare il contenuto del contratto." http://www.brocardi.it/codice-civile/libro-quarto/titolo-ii/capo-iv/art1370.html
* Interpretazione del contratto http://www.dirittoprivatoinrete.it/interpretazione_del_contratto.htm
URL:http://www.proz.com/kudoz/english_to_italian/law_general/6250004-drafting_party.html
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