Onshore Energy Conference — Dubai Onshore Energy Conference — Dubai 02 | Page 30
The “reinstatement of the damage”,
which is commonly translated
into Arabic as “i’ada ila almansib alasli”,
which means “returning to the original status”
then, typically, it may be translated as “shart
tamheedi” or “shart musbaq”. Again such
terminology would not convey the correct
English law meaning at all as “shart tamheedi”
means introductory/preparatory/preliminary
condition, while the use of “shart musbaq”,
which would convey the notion of a “prior
condition” or “precondition”, would not
convey the imperative nature of a condition
precedent. It would therefore be necessary
to add an explanatory phrase along the
lines of the “obligatory precondition”, to
ensure the correct meaning is conveyed
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in Arabic. However, this would not occur
where a literal translation is prepared.
Warranties
The term warranty has a well understood
meaning in the context of insurance law.
In particular, a party providing a warranty
effectively guarantees that certain facts or
conditions are true and which, if untrue,
will automatically discharge insurers from
liability (in certain jurisdictions). However,
the common literal translation of the word
warranty into Arabic is “dhaman”, which