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problems with "prestación"

English translation: performance

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:prestación (obligations)
English translation:performance
Entered by: Adam Burman
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17:02 Mar 10, 2007
Spanish to English translations [PRO]
Law/Patents - Law: Contract(s) / Incumplimiento de las obligaciones
Spanish term or phrase: problems with "prestación"
I have been treating "prestación" as performance (of obligation). Sometimes, this doesn't seem right. There seems to be so many different possibilities for the meaning of "prestación" - benefit, service, payment of obligation, provision etc..

How does it work in this sentence?

Indemnización moratoria.
Además, existe la obligación en el deudor de resarcir los danos y perjuicios causados por el retardo; la indeminización moratoria, por consiguiente, es diferente de la prestación misma y de su equivalente en dinero.


Many thanks
Adam Burman
United Kingdom
Local time: 16:33
performance
Explanation:
If this is (as it appears to be) a theoretical treatise on the law of obligations, "prestación" is practically always "performance". I agree that other expressions may be possible, but the text you provide might be translated as follows:

Moreover, the debtor is obliged to make compensation for damages resulting from the delay; compensation for default (or) late fees (or whatever is appropriate in your context) is therefore separate from (or perhaps if the context warrants) in addition to the performance of the obligation itself or its monetary equivalent.

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Note added at 16 hrs (2007-03-11 09:56:08 GMT)
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Thanks for your kind comment, Adam. I have had to translate similar texts several times and making civil code language sound natural in English isn't always easy. (Does one call "la cosa" the "thing"???) It may be useful to look at the terminology used in the Louisiana Civil Code (originally in English) or English translations of the French Civil Code and particularly the German BGB (many parts of which are online).
Saludos desde Madrid,
Rebecca
Selected response from:

Rebecca Jowers
Spain
Local time: 17:33
Grading comment
This works well. This was a tricky text and your help was valuable. Best regards
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +1performanceRebecca Jowers
4 +1service
Ana Brassara
5consideration
Henry Hinds
5object of an obligationMichael Ferreira
4discharge of the obligation
Tom2004


Discussion entries: 1





  

Answers


4 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
prestación
service


Explanation:
Yo usaría service.

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Note added at 5 mins (2007-03-10 17:07:54 GMT)
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or "benefit received"

Ana Brassara
Local time: 12:33
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 331

Peer comments on this answer (and responses from the answerer)
agree  Marisabel Maal
45 mins
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8 mins   confidence: Answerer confidence 5/5
object of an obligation


Explanation:
This is what we call it here in the US ... however, I understand that there are some differences with UK contracts. Maybe it could lead you to what y'all use over there.

My source was:

Diccionario jurídico, Antonio Ramírez
ISBN: 84-8088-830-X

Michael Ferreira
United States
Local time: 08:33
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
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19 mins   confidence: Answerer confidence 5/5
problems with
consideration


Explanation:
es diferente de la prestación misma = this is different from the consideration itself

The consideration itself is what was originally agreed in the contract; damages, etc. are in addition to it, separate and apart.


Henry Hinds
United States
Local time: 09:33
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 2331
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48 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
problems with
discharge of the obligation


Explanation:
the discharge of the obligation itself

Tom2004
Canada
Local time: 11:33
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 155
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59 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
prestación
performance


Explanation:
If this is (as it appears to be) a theoretical treatise on the law of obligations, "prestación" is practically always "performance". I agree that other expressions may be possible, but the text you provide might be translated as follows:

Moreover, the debtor is obliged to make compensation for damages resulting from the delay; compensation for default (or) late fees (or whatever is appropriate in your context) is therefore separate from (or perhaps if the context warrants) in addition to the performance of the obligation itself or its monetary equivalent.

--------------------------------------------------
Note added at 16 hrs (2007-03-11 09:56:08 GMT)
--------------------------------------------------

Thanks for your kind comment, Adam. I have had to translate similar texts several times and making civil code language sound natural in English isn't always easy. (Does one call "la cosa" the "thing"???) It may be useful to look at the terminology used in the Louisiana Civil Code (originally in English) or English translations of the French Civil Code and particularly the German BGB (many parts of which are online).
Saludos desde Madrid,
Rebecca

Rebecca Jowers
Spain
Local time: 17:33
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 770
Grading comment
This works well. This was a tricky text and your help was valuable. Best regards
Notes to answerer
Asker: You are right Rebecca - this is a text from a book on the general theory of obligations. I had noted your response to a previous question in which you translated "prestacón" as performance. Your advice on this and previous questions has been invlauable - many thanks!


Peer comments on this answer (and responses from the answerer)
agree  Patricia Rosas
1 hr
  -> Thanks Patricia
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