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culposamente vs. dolosamente


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17:56 Jan 22, 2012
Portuguese to English translations [PRO]
Law/Patents - Law (general)
Portuguese term or phrase: culposamente vs. dolosamente
negligently vs. intentionally

Can someone confirm this or else provide a different meaning if incorrect.
lexisproject
Spain
Local time: 13:08


Summary of answers provided
4culpable vs. malicious/intentional
Martin Riordan
3 -1negligently vs. premeditatedly
Daniel Frisano Paulon
Summary of reference entries provided
liz askew

Discussion entries: 4





  

Answers


7 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
negligently vs. premeditatedly


Explanation:
I think you are correct. Here is an alternative.

Daniel Frisano Paulon
Italy
Local time: 13:08
Works in field
Native speaker of: Native in ItalianItalian, Native in FriulianFriulian
PRO pts in category: 7

Peer comments on this answer (and responses from the answerer)
disagree  MARK ROBERTSON: negligent is a civil law term, premeditatedly is a criminal law term.
1 hr
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
culpable vs. malicious/intentional


Explanation:
In the criminal area, I think this would be the distinction. In both cases the active party is culpable but only in the latter did (s)he act with malice or intent.

Martin Riordan
Brazil
Local time: 08:08
Works in field
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in category: 172

Peer comments on this answer (and responses from the answerer)
disagree  MARK ROBERTSON: The culpa/dolo binomial is a civil law phenomenon. In criminal law culpa is the general term (mens rea) that comprises both dolo and negligência.
1 hr

agree  Tom Thumb: culpably vs. intentionally, now that the asker has confirmed it is a civil context.
2 hrs
  -> Thanks, Tom!
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Reference comments


45 mins
Reference

Reference information:
Basic concepts of criminal law - Google Books Result
books.google.com/books?isbn=0195121716...George P. Fletcher - 1998 - Law - 223 pages
Since Roman lawyers carved out applications for the terms dolus (intention) and culpa (fault, negligence), lawyers in the Western legal tradition have relied upon ...

liz askew
United Kingdom
Native speaker of: Native in EnglishEnglish
PRO pts in category: 15
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