Apr 3, 2011 06:57
13 yrs ago
8 viewers *
Spanish term
Cumplido el Tramite de contestacion
Spanish to English
Other
Law (general)
I would like to know what will be the best way to translate this phrase from European Spanish into American English.
It's the translation of a divorce from Alicante, Spain.
Here is the full phrase:
Cumplido el tramite de contestacion a la demanda y de acuerdo con lo dispuesto en el articulo 440, al que remiten los articulos 753 y 770, todos ellos de la LECn,
It's the translation of a divorce from Alicante, Spain.
Here is the full phrase:
Cumplido el tramite de contestacion a la demanda y de acuerdo con lo dispuesto en el articulo 440, al que remiten los articulos 753 y 770, todos ellos de la LECn,
Proposed translations
(English)
Proposed translations
+1
1 hr
Selected
Having filed an answer to the complaint
You indicate that this is for a US audience, and this would be the appropriate wording in American procedural terminology. "Trámite de contestación a la demanda" refers to the filing of the respondent's answer to the petitioner's complaint. The basic vocabulary of Spanish civil procedure is expressed in American English as follows:
--demandante--plaintiff
--demandado--defendant
(For divorce proceedings, this would be "petitioner" and "respondent")
--demanda--complaint
--contestación a la demanda--answer (to the complaint)
--reconvención--counterclaim
--contestación a la reconvención--reply to counterclaim
--declarar en rebeldía--declare in default
--sentencia dictada en rebeldía--default judgment
etc.
Your text says: "Having filed an answer to the complaint pursuant to the provisions of..."
Here are some examples:
Having filed an Answer to the Complaint, Vetter submitted himself to that same jurisdiction. B. In A Medical Malpractice Case If A Defendant Files An Answer ...
www.vamedmal.com/library/grace-lents-dpm.cfm
the Court finds that the myriad of explanations offered by Defendant for not having filed an Answer to the Complaint or a motion to vacate default...
law.justia.com › ... › August, 2007
appellants, without having filed an answer to the complaint, made a motion under Code Ann. 81A-112 (f) to strike three paragraphs of ...
vlex.com/vid/mock-et-v-copeland-20465162
The only explanation offered by defense counsel for not having filed an answer to the complaint before entry of a default judgment was that, ...
pa.findacase.com/research/wfrmDocViewer.aspx/xq/fac...0043127.../qx
--demandante--plaintiff
--demandado--defendant
(For divorce proceedings, this would be "petitioner" and "respondent")
--demanda--complaint
--contestación a la demanda--answer (to the complaint)
--reconvención--counterclaim
--contestación a la reconvención--reply to counterclaim
--declarar en rebeldía--declare in default
--sentencia dictada en rebeldía--default judgment
etc.
Your text says: "Having filed an answer to the complaint pursuant to the provisions of..."
Here are some examples:
Having filed an Answer to the Complaint, Vetter submitted himself to that same jurisdiction. B. In A Medical Malpractice Case If A Defendant Files An Answer ...
www.vamedmal.com/library/grace-lents-dpm.cfm
the Court finds that the myriad of explanations offered by Defendant for not having filed an Answer to the Complaint or a motion to vacate default...
law.justia.com › ... › August, 2007
appellants, without having filed an answer to the complaint, made a motion under Code Ann. 81A-112 (f) to strike three paragraphs of ...
vlex.com/vid/mock-et-v-copeland-20465162
The only explanation offered by defense counsel for not having filed an answer to the complaint before entry of a default judgment was that, ...
pa.findacase.com/research/wfrmDocViewer.aspx/xq/fac...0043127.../qx
4 KudoZ points awarded for this answer.
7 mins
Upon completion of this Proceedings
Upon completion of Proceedings of Regional Conference on Knowledge .... ask and reply to issue/topic/question, and to announce important information. ...
mmu-my.academia.edu/.../COLLABORATIVE-NETWORK-SECURITY-MONITORING--NSM--ANALYSIS-FOR-.
To reply to all correspondence which does not require a legal opinion, .... 14 days after all materials are available upon completion of those proceedings ...
Our Lady of the Holy Rosary, 923 Matamoros St, Mission, TX 78572-5840, USA
www.doj.gov.hk/eng/.../ple.ht
6 hrs
Once a reply/answer/response has been made to the petition or the time for doing so has expired
It would appear that art. 753 and 770 contemplate 2 distinct scenarios, either of which might trigger the provisions of art 440:
1) Reply filed
2) No reply has been filed and the time for filing reply has expired
http://despachoabogados.fullblog.com.ar/juicio-separacion-di...
1) Reply filed
2) No reply has been filed and the time for filing reply has expired
http://despachoabogados.fullblog.com.ar/juicio-separacion-di...
+1
7 mins
A defence to the petition having been filed,
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Note added at 11 hrs (2011-04-03 18:10:06 GMT)
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The procedure appears to be as follows: the respondent fails to enter an appearance, and as a result is declared to be in default. In order for the proceedings to progress, there has to be a hearing and both parties must be summoned to attend. A pre-requisite for the hearing is that a defence must have been filed. Accordingly, the Ministerio Fiscal files a defence on behalf of the defaulting respondent (presumably a simple denial of the petitioner’s allegations). If the whereabouts of the respondent are unknown, he or she is summoned by means of public announcements. There is then a hearing and a decree is issued.
That is why I suggest “a defence having been filed” - a defence has indeed been filed, albeit not by the respondent.
See the standard form at http://www.justizia.net/uzei/idazki/994A/994A_020.html
Peer comment(s):
neutral |
FVS (X)
: Very interesting link and quite apposite. However I think the term 'defence' is misleading here. It is a question of reply or answer. //In this case the appropriate generic term is reply.
11 hrs
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“Defence” is apposite in that it makes it clear that it is the second document in the exchange of pleadings. It is a generic term, the type that translators should use so as not to be tied down terminologically to a particular jurisdiction.
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agree |
Adrian MM. (X)
: definitely a defendant's defenc/se and not as far as a claimant's/plaintiff's reply. Shows a good knowledge of civil procedure.
11 hrs
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Gracias
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-1
1 hr
The procedure for reply having been followed....
I don't think a defence has been filed. He has been declared in rebeldia for not appearing.
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Note added at 11 hrs (2011-04-03 18:44:26 GMT)
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answer = The formal defence to a divorce petition.
http://www.divorceaid.co.uk/legal/process.htm
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Note added at 11 hrs (2011-04-03 18:45:56 GMT)
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In generic terms the term 'reply' is used
"Legal matters | Do I have to reply to this divorce petition, I'm"
"My husband is refusing to reply to the divorce petition"
"The reply to the petition and the Healys divorce lawyer London"
--------------------------------------------------
Note added at 11 hrs (2011-04-03 18:44:26 GMT)
--------------------------------------------------
answer = The formal defence to a divorce petition.
http://www.divorceaid.co.uk/legal/process.htm
--------------------------------------------------
Note added at 11 hrs (2011-04-03 18:45:56 GMT)
--------------------------------------------------
In generic terms the term 'reply' is used
"Legal matters | Do I have to reply to this divorce petition, I'm"
"My husband is refusing to reply to the divorce petition"
"The reply to the petition and the Healys divorce lawyer London"
Peer comment(s):
neutral |
Wordwatcher
: See my note below regarding the filing of a defence. A defence will have been filed by the Ministerio Fiscal.
9 hrs
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see my comment on your answer and very interesting link. My answer stands.
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disagree |
Adrian MM. (X)
: a reply is a misnomer and is the claimant's/plaintiff's answer to the defendant's defenc/se. Surely you know this from your EN or US civil procedure: www.law.cornell.edu/rules/frcp/Rule12.htm //It's an answer and not a reply. Pls. revise your civil proc.
9 hrs
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Stop following me around and disagreeing on everything I say because you can't stand the fact that your legal understanding is so poor and see my note.// and it's not claimant or plaintiff, it's petitioner in divorce. And the other party is the respondent
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