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soggettività giuridica IN CAPO AL suo responsabile

English translation: (vedi risposte e testi citati)

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Italian term or phrase:soggettività giuridica
English translation:(vedi risposte e testi citati)
Entered by: CLS Lexi-tech
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10:04 Oct 25, 2002
Italian to English translations [PRO]
Law/Patents
Italian term or phrase: soggettività giuridica IN CAPO AL suo responsabile
XXX ha intenzione di aprire una "rappresentanza" in Italia, cioè in termini tecnici una sede secondaria (branch) che assume nel nostro ordinamento una soggettività giuridica in capo al suo responsabile.
Alison kennedy
Local time: 20:16
individual legal liability
Explanation:
... which in our legal system entails individual (subjective / personal) liability on the part of the branch's head (chief / legal representative).

*Also based on reading the extract posted by Grace.
Selected response from:

Richard Boyce
Local time: 20:16
Grading comment
Richard, thanks very much, I thought it meant this and translated a subjective legal liability though your wording is clearer. Thanks also to Grace who supplied an excellent answer, very helpful indeed. I wish I couls award points to both.
Thanks again

Alison
4 KudoZ points were awarded for this answer

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Summary of answers provided
5individual legal liabilityRichard Boyce
4legal capacity invested...
CLS Lexi-tech
4vedi sottoGrace Anderson
4invested ?
CLS Lexi-tech


  

Answers


33 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
invested ?


Explanation:
but of course it depends on how you are going to translate "soggettivita' giuridica"

more later, if I can lay my hands on my legal dictionary at work

ciao

paola l m




CLS Lexi-tech
Local time: 14:16
Native speaker of: Native in ItalianItalian
PRO pts in pair: 1505
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
vedi sotto


Explanation:
perhaps:

"those acting on behalf of the branch are subject to certain legal provisions ..."

This site might explain the situation - I'm not sure how up-to-date it is but might give you some leads for further research:

THE BRANCH OFFICE
In Italy, the branch-office with a permanent establishment (commonly called "secondary office" or "branch" of the foreign enterprise) is governed by art. 2506 of the Civil Code.
Juridically speaking, the entity is unique: the branch is not an enterprise established by the Italian law ex novo, even though with capital entirely owned by foreign partners. It is an entity with no legal status, belonging to the foreign subject (an office, store, laboratory, etc.), that continues to have its head office, registered office and operating office abroad(3).
Through this vehicle, in any case, the foreign enterprise can undertake any business activity in Italy without investing so heavily.
According to the aforementioned art. 2506 of the Civil Code, amended by Legislative Decree n. 516 of December 29, 1992, bearing the "Enforcement of the 89/666/EEC Directive on the publication of branches set up in a Member-Country by specific categories of enterprises subject to the law of a different country", as well as to articles l0l-ter and l0l-quater of the enforcing Provisions of the Civil Code, introduced by the same decree, the branch-office of an enterprise set up abroad with a permanent establishment in Italy is subject to the provisions on the publication of company documents, as well as to those governing the enterprise's management(4). The branch-office must also publish the personal details of the agents who permanently represent it in Italy, stating their relevant powers, and must deposit their signatures with the register of business enterprises. It should be noted that, until the fulfillment of the aforementioned formalities, the agents acting in the name of the branch-office are liable unlimitedly and jointly and severally for the obligations assumed.
Fiscally speaking, the branch-office, as a "permanent establishment", falls under the standard laws governing resident enterprises and entities, and must therefore comply with all obligations established by the fiscal tax legislation.
Therefore, compared with the establishment or acquisition of an enterprise established by the Italian law, the establishment of a branch-office is undoubtedly more flexible and less burdensome (in fact, it is not subject to all the procedures and constraints established by the Italian regulation for the establishment of an enterprise)(5). However, it does not bring about significant tax benefits.

http://www.italyemb.org.sg/commerciale/investing4.html



    Reference: http://www.italyemb.org.sg/commerciale/investing4.html
Grace Anderson
Italy
Local time: 20:16
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 3429
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1 hr   confidence: Answerer confidence 5/5
individual legal liability


Explanation:
... which in our legal system entails individual (subjective / personal) liability on the part of the branch's head (chief / legal representative).

*Also based on reading the extract posted by Grace.

Richard Boyce
Local time: 20:16
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 307
Grading comment
Richard, thanks very much, I thought it meant this and translated a subjective legal liability though your wording is clearer. Thanks also to Grace who supplied an excellent answer, very helpful indeed. I wish I couls award points to both.
Thanks again

Alison
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
legal capacity invested...


Explanation:
Definizione in italiano:
La nostra riflessione induce a proporre una modifica dell’articolo 1 al primo comma del codice civile. Si tratta di dichiarare che ogni uomo ha la capacità giuridica in quanto uomo, cioè che la soggettività giuridica ha origine dal concepimento, non dalla nascita. La soggettività (detta anche personalità o capacità) giuridica implica l’attitudine ad essere titolare di diritti. In definitiva si tratta di dare applicazione all’articolo 22 della Costituzione, secondo cui nessuno può essere privato della capacità giuridica.

Definizione in inglese (Eurodicautom)

Definition l'idoneità riconosciuta dalla legge ad una persona fisica o giuridica,a compiere validamente atti e negozi giuridici

Reference International Accounting Lexicon(U.E.C.)-Conti di Gruppo
(1)
TERM capacità giuridica

Reference International Accounting Lexicon(U.E.C.)-Conti di Gruppo


Definition the capacity of an individual,whether a person or a corporate body,to exercise legal rights and to have legal obligations

Reference Internat.Account.Lex.,UEC-Group Accounts
(1)
TERM legal capacity

Reference Internat.Account.Lex.,UEC-Group Accounts

I would say "legal capacity" even if it is not exactly that in the definition of the Italian Senate.




CLS Lexi-tech
Local time: 14:16
Native speaker of: Native in ItalianItalian
PRO pts in pair: 1505
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