
在普通法法律文件documentation中我们常会看到动词、或名词连用的情况,而这些词汇往往意思相近。究竟如何理解连用的近义词呢?
依本刊主编经验和查证,这类叠词(无论是双叠词、三叠词还是四叠词......)其实是为了表述同一个周延的概念,用来囊括各种情形并接纳变种。
例子一:obligation and liability
An obligation is a commitment to pay a third party based on an underlying contract, such as a purchase order, mortgage, or bond issuance. If the obligation is probable and the amount can be determined, then it is recorded in an entity's accounting records as a liability.
由此可见当义务可以(大致)确定为固定金额时,就可以记作该主体的责任(法律及会计的意味上)。
Liabilities and Obligations means any indebtedness, claim, obligation or liability of any kind or nature whatsoever, whether absolute or contingent, liquidated or unliquidated, due or to become due, accrued or not accrued, or otherwise.
例子二:amend, supplement, restate, novate,(modify仅我们用作例子的原句未提及)
其一,amend vs. supplement
amend
Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction or occurrence set forth or attempted to be set forth in the original pleadings, the amendment relates back to the date of the original pleading.
supplement
a supplemental pleading setting forth transactions or occurrences or events which have happened since the date of the pleading sought to be supplemented…
amend修订的事实/分析变化均在原件递交时已存在;而supplement则真正指原件递交后发生的情势变化。
其二,常见的amended and restated / second amended and restated
An amendment and restatement is an agreement that the original parties to a contract entered into in which the original contract is reproduced, with the desired changes being implemented.
其三,Novate可能相对差别更大
Novation is the replacement of one of the parties in an agreement between two parties, with the consent of all three parties involved. To novate is to replace an old obligation with a new one.
是指以新合同替代,新旧权利义务之间虽consideration对价接近,但并不相同。
Amendment and Restatement; No Novation. (a) This Agreement constitutes an amendment and restatement of the Existing Credit Agreement, as amended, effective from and after the Closing Date. The execution and delivery of this Agreement shall not constitute a novation of any debt or other obligations owing to the Lenders or the Administrative Agent under the Existing Credit Agreement or any other Loan Document based on facts or events occurring or existing prior to the execution and delivery of this Agreement. On the Closing Date, the credit facilities described in the Existing Credit Agreement, as amended, shall be amended, supplemented, modified and restated in their entirety by the credit facilities described herein, and all loans and other obligations of the Borrowers outstanding as of such date under the Existing Credit Agreement, as amended, to the extent not repaid in accordance with the terms herein, shall be deemed to be loans and obligations outstanding under the corresponding facilities described herein, without any further action by any Person, except that the Administrative Agent shall make such transfers of funds as are necessary in order that the outstanding balance of such Loans, together with any Loans funded on the Closing Date, reflect the respective Commitments of the Lenders hereunder.
法律英语炼词往期回顾: 程磊 郭文汐,公众号:Bamboo Splint 跨境金融法律订阅Placed on a foot as fount of Rex viz., = i.e., 决胜JD全A output11
法律英语炼词往期回顾: 程磊 郭文汐,公众号:Bamboo Splint 跨境金融法律订阅Carpe diem? Pls. bench against the directorship,决胜JD 全A output⑩
法律英语炼词往期回顾: 程磊 郭文汐,公众号:Bamboo Splint 跨境金融法律订阅Dissolution, prorogation, recess and adjournment,决胜JD 全A output⑨
法律英语炼词往期回顾: 程磊 郭文汐,公众号:Bamboo Splint 跨境金融法律订阅法律英语‘Draw on the pitch to upend the eventuality’, 决胜JD全A Output⑦
法律英语炼词往期回顾: 程磊 郭文汐,公众号:Bamboo Splint 跨境金融法律订阅“I' writing with reference to your letter=现就贵函致复”-决胜JD全A Output⑤
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Butler Cheng// e0724230@u.nus.edu


Vency Guo// e0724249@u.nus.edu

We'd appreciate, if you could 
我们会很感激,如果你可以 


