Régimen legal de comunidad universal

English translation: Statutory joint matrimonial/marital property system/regime

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:Régimen legal de comunidad universal
English translation:Statutory joint matrimonial/marital property system/regime
Entered by: Samantha Lisk

14:22 Nov 28, 2014
Spanish to English translations [PRO]
Law/Patents - Law: Contract(s)
Spanish term or phrase: Régimen legal de comunidad universal
This is a phrase found in a contract. The ST is in Spanish (Spain) and the TT is in American English. Here's the context:

"La compañía X, vendió a don ABC (de nacionalidad A, casado bajo el régimen legal de comunidad universal con doña DEF, el cual adquirió para su sociedad conyugal) la finca urbana construida sobre la parcela número..."

Here is my translation:

"Company X, sold to Mr. ABC (of nationality A, married under the legal regulations of communal ownership to Mrs. DEF, for which he acquired for the joint ownership of property by husband and wife) the urban real property built on plot number..."

Does anyone have any thoughts?
Samantha Lisk
United States
Local time: 04:27
Statutory joint matrimonial/marital property system/regime
Explanation:
Whilst this is often translated as "community property" I think the term is misleading. It suggests (at least to my UK ears) that the property is owned by the community (i.e. everybody in town).

Matrimonial regime
From Wikipedia, the free encyclopedia

Matrimonial regimes, or marital property systems, are systems of property ownership between spouses providing for the creation or absence of a marital estate, and if created, what properties are included in that estate, how and by whom it is managed, and how it will be divided and inherited at the end of the marriage. Matrimonial regimes are applied either by operation of law or by way of prenuptial agreement in civil-law countries, and depend on the lex domicilii of the spouses at the time of or immediately following the wedding. (See e.g. Quebec Civil Code and French Civil Code, arts. 431-492.). In Common law countries, the default and only matrimonial regime is separation of property, though some U.S. states, known as community property states, are an exception.

Civil-law and bijuridical jurisdictions, including Quebec, Louisiana, France, South Africa, Italy, Germany, Switzerland, and many others, have statutory default matrimonial regimes, in addition to or, in some cases, in lieu of regimes that can only be contracted by prenuptial agreements. Generally, couples marry into some form of community of property by default, or instead contract out under separation of property or some other regime through a prenuptial agreement passed before a Civil-law notary or other public officer solemnizing the marriage. Five countries, including the Netherlands, have signed on to the Hague Convention on the Law applicable to Matrimonial Property Regimes, which entered into force on 1 September 1992, which allows spouses to choose not only the regimes offered by their country, but also any regime in force in the country where at least one is a citizen or resident or where marital real estate is situated.
Selected response from:

AllegroTrans
United Kingdom
Local time: 08:27
Grading comment
Thanks, this makes sense. For an American audience I think the terms "marital" and "system" would be more natural, so I'll go with those.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1Statutory joint matrimonial/marital property system/regime
AllegroTrans
4(AmE) Statutory scheme of jointly owned matrimonial property
Adrian MM. (X)
3community property legal regime
Taña Dalglish


  

Answers


2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Statutory joint matrimonial/marital property system/regime


Explanation:
Whilst this is often translated as "community property" I think the term is misleading. It suggests (at least to my UK ears) that the property is owned by the community (i.e. everybody in town).

Matrimonial regime
From Wikipedia, the free encyclopedia

Matrimonial regimes, or marital property systems, are systems of property ownership between spouses providing for the creation or absence of a marital estate, and if created, what properties are included in that estate, how and by whom it is managed, and how it will be divided and inherited at the end of the marriage. Matrimonial regimes are applied either by operation of law or by way of prenuptial agreement in civil-law countries, and depend on the lex domicilii of the spouses at the time of or immediately following the wedding. (See e.g. Quebec Civil Code and French Civil Code, arts. 431-492.). In Common law countries, the default and only matrimonial regime is separation of property, though some U.S. states, known as community property states, are an exception.

Civil-law and bijuridical jurisdictions, including Quebec, Louisiana, France, South Africa, Italy, Germany, Switzerland, and many others, have statutory default matrimonial regimes, in addition to or, in some cases, in lieu of regimes that can only be contracted by prenuptial agreements. Generally, couples marry into some form of community of property by default, or instead contract out under separation of property or some other regime through a prenuptial agreement passed before a Civil-law notary or other public officer solemnizing the marriage. Five countries, including the Netherlands, have signed on to the Hague Convention on the Law applicable to Matrimonial Property Regimes, which entered into force on 1 September 1992, which allows spouses to choose not only the regimes offered by their country, but also any regime in force in the country where at least one is a citizen or resident or where marital real estate is situated.

AllegroTrans
United Kingdom
Local time: 08:27
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 577
Grading comment
Thanks, this makes sense. For an American audience I think the terms "marital" and "system" would be more natural, so I'll go with those.

Peer comments on this answer (and responses from the answerer)
agree  Billh
23 hrs
  -> thanks

neutral  Adrian MM. (X): As hinted, the alternatives are too confusing to elicit a definitive answer.// Then it's the translator's or judge's job to sort it out plus, according to retd. NY Attorney, Yale-cum-UCL Jurisp Prof. Ronald Dworkin 'there is only one right legal answer'.
1 day 54 mins
  -> much legal text is confusing and there is no one definitive answer!
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12 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
community property legal regime


Explanation:
http://www.proz.com/kudoz/spanish_to_english/law_general/758...
GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase: comunidad universal
English translation: full community of property

Louisiana Community Property Agreement Law - Separation ...
divorce.uslegal.com › Divorce Home › Separation Agreements
The legal regime of community property is terminated by the death or judgment of declaration of death of a spouse, declaration of the nullity of the marriage, ...

Families and Estates: A Comparative Study
books.google.com.jm/books?isbn=9041123784
Rosalind Croucher, ‎Rosalind Frances Croucher - 2005 - ‎Law
The immediate legislative challenge is to enquire whether same-sex and opposite-sex cohabitants should be subject to a legal regime of community property or ...

DEFINITION of 'Community Property' A U.S. state-level legal distinction of a married individual's assets. Property acquired by either spouse during the course of a marriage is considered community property.
Community Property Definition | Investopedia
www.investopedia.com/terms/c/communityproperty.asp

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Note added at 13 mins (2014-11-28 14:35:40 GMT)
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or "legal regime of community property".

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Note added at 50 mins (2014-11-28 15:12:29 GMT)
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BTW: I am not sure why you would include "real" in the translation for "finca urbana":

Finca urbana
Es la edificación con destino a vivienda o a establecimiento comercial o mercantil, donde además de vivir, puede ejercerse una actividad de industria, comercio o enseñanza con fin lucrativo.

http://dictionary.reverso.net/spanish-english/finca urbana
finca urbana nf.
town property
[BIZ]

http://www.proz.com/kudoz/english_to_spanish/tech_engineerin...
ciy property, urban real estate
Explanation:
Diccionario de Términos Jurídicos de Enrique Alvaraz y Brian Hughes

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Note added at 51 mins (2014-11-28 15:13:20 GMT)
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Oops: "city property".

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Note added at 3 hrs (2014-11-28 17:27:15 GMT)
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Community property - Wikipedia, the free encyclopedia
en.wikipedia.org/wiki/Community_property
Community property is a marital property regime that originated in civil law jurisdictions and is now also found in some common law jurisdictions. The states of the United States that recognize community property are primarily in the West; it was inherited from Mexico's ganancial community system,[1] which itself was inherited from Spanish law (a Roman-derived civil law system) and ultimately from the Visigothic Code.[2] While under Spanish rule, Louisiana adopted the ganancial community system of acquests and gains, which replaced the traditional French community of movables and acquests in its civil law system.
In a community property jurisdiction, most property acquired during the marriage (except for gifts or inheritances)—the community, or communio bonorum—is owned jointly by both spouses and is divided upon divorce, annulment, or death.




Community Property legal definition of Community Property
legal-dictionary.thefreedictionary.com/Community+PropertyCommunity Property
The holdings and resources owned in common by a Husband and Wife.
Community Property Law concerns the distribution of property acquired by a couple during marriage in the event of the end of the marriage, whether by Divorce or death of one of the parties. In community property states all property accumulated by a husband and wife during their marriage becomes joint property even if it was originally acquired in the name of only one partner. The states that utilize a community property method of dividing resources were influenced by the Civil Law system of France, Spain, and Mexico.
Laws vary among the states that recognize community property; however, the basic idea is that a husband and wife each acquire a one-half interest in what is labeled community property. A determining factor in the classification of a particular asset as community property is the time of acquisition. Community property is ordinarily defined as everything the couple owns that is acquired during the marriage with the exception of separate property owned by either of them individually. Separate property is that property that each individual brings into the marriage, in addition to anything that either spouse acquires by inheritance during the marriage.

Taña Dalglish
Jamaica
Local time: 03:27
Specializes in field
Native speaker of: English
PRO pts in category: 242
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9 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
(AmE) Statutory scheme of jointly owned matrimonial property


Explanation:
Community property does indeed work in some US civil-law Federal States. But that answer has already been given.

IATE's website:

LAW, EUROPEAN UNION [COM] Full entry
ES

comunidad universal

EN

joint ownership of all property



Family law [CJUE] Full entry
ES

régimen de comunidad universal de bienes

EN

full community property system

rights arising from equal sharing of matrimonial assets

community of property (Deprecated)

rights in property based on universal community (Deprecated)




Adrian MM. (X)
Local time: 09:27
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 547

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: Aren't these virtually my own words jumbled into a slightly different order?
17 hrs
  -> Unjumbled - pls. excuse the in plagiarizing. But I have tried to straighten out your confusing alternatives into a categoric, single translation that BillH will never agree with on the footing of personal favouritism.
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