Glossary entry (derived from question below)
Spanish term or phrase:
Derechos fideicomisarios
English translation:
[trust] beneficiary rights
Added to glossary by
Robert Carter
Jan 10, 2018 10:40
6 yrs ago
9 viewers *
Spanish term
Derechos fideicomisarios
Spanish to English
Law/Patents
Law (general)
I am working on the Articles of Association of an IT company in which they mention: ejercer o adquirir derechos reales, personales o fideicomisarios...
What kind of rights are derechos fideicomisarios in the civil law system (as opposed to the common law)?
What kind of rights are derechos fideicomisarios in the civil law system (as opposed to the common law)?
Proposed translations
(English)
4 +2 | [trust] beneficiary rights | Robert Carter |
4 +1 | Trust rights | Nathan Russell |
3 | fideicommissary rights | Jane Martin |
Change log
Jan 24, 2018 04:18: Robert Carter Created KOG entry
Proposed translations
+2
8 hrs
Selected
[trust] beneficiary rights
For me, "trust rights" is too broad.
"Fideicommisary rights" would relate to a "fideicommissum", which is a much narrower form of what we now consider a trust (and somewhat archaic) relating to hereditary rights.
What is meant here is simply the rights of a beneficiary (fideicomisario/a) under a trust.
As to the question of the meanings in common and civil law jurisdictions, clearly there will be certain technical differences (from country to country or even from state to state), but I believe the concept of the trust in common law is fundamentally equivalent to the "fideicomiso" in civil law.
Beneficiary Rights
It is generally accepted that New Zealand has more formally settled discretionary trusts per head of capita than anywhere else in the world. These trusts control assets worth billions of dollars. However, the majority of people who can benefit from these trusts either do not know about the trust, or about their rights in respect of the trusts.
The purpose of this commentary is to provide a simply written and easy to understand explanation of what it is to be a beneficiary of a discretionary trust and what rights a beneficiary has in respect of a discretionary trust.
https://mattersoftrust.co.nz/beneficiary-rights/
Limiting Trust Beneficiary Rights
Many states have codes within the trust laws that allow a grantor to limit the rights of some or all named living trust beneficiaries. A beneficiary may be allotted a designated representative who receives reports directly from the appointed trustee in regard to the information of the trust. The representative may be directed regarding how much of the information to share with the named beneficiary assigned. The rights for beneficiaries are legally limited as such.
https://pocketsense.com/beneficiary-rights-living-trust-8123...
"Fideicommisary rights" would relate to a "fideicommissum", which is a much narrower form of what we now consider a trust (and somewhat archaic) relating to hereditary rights.
What is meant here is simply the rights of a beneficiary (fideicomisario/a) under a trust.
As to the question of the meanings in common and civil law jurisdictions, clearly there will be certain technical differences (from country to country or even from state to state), but I believe the concept of the trust in common law is fundamentally equivalent to the "fideicomiso" in civil law.
Beneficiary Rights
It is generally accepted that New Zealand has more formally settled discretionary trusts per head of capita than anywhere else in the world. These trusts control assets worth billions of dollars. However, the majority of people who can benefit from these trusts either do not know about the trust, or about their rights in respect of the trusts.
The purpose of this commentary is to provide a simply written and easy to understand explanation of what it is to be a beneficiary of a discretionary trust and what rights a beneficiary has in respect of a discretionary trust.
https://mattersoftrust.co.nz/beneficiary-rights/
Limiting Trust Beneficiary Rights
Many states have codes within the trust laws that allow a grantor to limit the rights of some or all named living trust beneficiaries. A beneficiary may be allotted a designated representative who receives reports directly from the appointed trustee in regard to the information of the trust. The representative may be directed regarding how much of the information to share with the named beneficiary assigned. The rights for beneficiaries are legally limited as such.
https://pocketsense.com/beneficiary-rights-living-trust-8123...
Peer comment(s):
agree |
Jane Martin
: I like your answer better than mine.
27 mins
|
Thanks, Jane, very kind of you :-)
|
|
agree |
Kate Pattison
: This is definitely what rings true to me too.
5 hrs
|
Thanks, Kate.
|
4 KudoZ points awarded for this answer.
Comment: "Selected automatically based on peer agreement."
12 mins
fideicommissary rights
Not a very commonly used word, but it does exist.
fideicommissary in British
(ˌfɪdɪaɪˈkɒmɪsərɪ )
noun plural -saries
1.
a person who receives a fideicommissum
adjective
2.
of, relating to, or resembling a fideicommissum
https://www.merriam-webster.com/dictionary/fideicommissary
fideicommissary in British
(ˌfɪdɪaɪˈkɒmɪsərɪ )
noun plural -saries
1.
a person who receives a fideicommissum
adjective
2.
of, relating to, or resembling a fideicommissum
https://www.merriam-webster.com/dictionary/fideicommissary
Peer comment(s):
neutral |
Robert Carter
: I think the "fideicomisos" in question probably refer to a broader idea of trusts than what "fideicommissum" refers to in English.
8 hrs
|
I think you are right Robert.
|
+1
16 mins
Trust rights
In the context, I am confident that rights are being spoken about here and that these rights relate to a trust.
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Note added at 18 mins (2018-01-10 10:58:26 GMT)
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This has already been asked on Proz and I feel that the translation offered below fits the context here too:
https://www.proz.com/kudoz/spanish_to_english/law_general/93...
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Note added at 18 mins (2018-01-10 10:58:26 GMT)
--------------------------------------------------
This has already been asked on Proz and I feel that the translation offered below fits the context here too:
https://www.proz.com/kudoz/spanish_to_english/law_general/93...
Note from asker:
I am translating a text from Spanish to Serbian (but using English because few people could help with the Spanish-Serbian pair). What worries me here is the difference in legal systems between Mexico - USA/UK - Serbia. Are derechos fideicomisarios completely the same in the legal sense as "trust rights" ? |
Peer comment(s):
agree |
neilmac
49 mins
|
neutral |
Jane Martin
: I'm fairly sure this refers to the rights of the beneficiary of the trust https://todosobrelaley.wordpress.com/2011/11/08/quien-es-y-q...
6 hrs
|
Discussion