Jul 29, 2009 18:34
14 yrs ago
21 viewers *
Spanish term

tribunal se sirva decretar medida de prohibicion de enajenar y gravar sobre el i

Spanish to English Law/Patents Law (general)
demanda de nulidad de un testamento

Discussion

Richard Boulter Jul 31, 2009:
Yup, reseach counts! Well, I have to agree that checking one's translations is the only way to go. When you're right, you're right; but when you're wrong ... :)
ANCA ROXANA CHIRILA Jul 30, 2009:
Thanks Richard! This is where I challenge the "native" requirement in translations. I am Romanian, but I can say that I "feel" the English language and I like to do my research. They wouldn't let me translate into English though in Spain. What do you think of that? :)
Richard Boulter Jul 30, 2009:
I learn the most when I'm mistaken :) Roxanna caught me out, but good, on this one. I did my homework on her reference to 'alienation' and she's absolutely correct in U.S. legalese (my checking is with Barron's Law Dictionary). The 'lodging' usage by the judges in U.S. courts about tkheir own decisions is also technically wrong, in accordance with Roxanna's explanation. 'To lodge' is a verb relating to pleadings & documents presented TO the court by one of the interested parties. I learn the most when I'm wrong about something and this correction of my perception on terms may save me from losing a client, one day. Thanks for the great discussion, All.

Proposed translations

+3
42 mins
Selected

the court should dictate an injunction against alienation or encumbrance

http://law.justia.com/louisiana/codes/123/107790.html

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Note added at 20 hrs (2009-07-30 14:49:28 GMT)
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I supposed that the text was referring to real property:

Alienation:
- In real property law, the transfer of the property and possession of lands, tenements, or other things, from one person to another.
=> Transfer is OK but "alienation" is the legal word.
- The term is particularly applied to absolute conveyances of real property.
- The voluntary and complete transfer from one person to another.
- Disposition by will.
- Every mode of passing realty by the act of the party, as distinguished from passing it by the operation of law.

SP: enajenación, transferencia del dominio

(West's Law and Commercial Dictionary)

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Note added at 20 hrs (2009-07-30 14:57:32 GMT)
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For Richard:

dictate:
- To prescribe with authority; impose.
- To issue orders or commands.
SYNONYMS dictate, decree, impose, ordain, prescribe. These verbs mean to set forth expressly and authoritatively: victors dictating the terms of surrender; martial law decreed by the governor; impose obedience; a separation seemingly ordained by fate; taxes prescribed by law.

lodge - To register (a charge or complaint, for example) before an authority, such as a court; file.

I think that for "decretar", dictate is best in this context. It is more authoritative than a mere recording before an authority.
Peer comment(s):

agree eski : Close enough :))
2 hrs
Thanks Eski! :)
agree Richard Boulter : In U.S. legalese, it is common to say '...lodge an injunction...'. Also, this should be '...the transfer or encumberance...'
18 hrs
Thanks for opinion. See the notes above and tell me what you think. :)
agree Ruth Ramsey
5 days
Thank you Ruth! :)
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
+1
17 mins

court decree prohibiting the transfer or encumberance of...

best I could come up with without more context..
Peer comment(s):

agree Richard Boulter : This is also good.
18 hrs
thanks!
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