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difficult legal sentence

English translation: breaks down into

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02:30 Mar 14, 2004
Spanish to English translations [PRO]
Law (general)
Spanish term or phrase: difficult legal sentence
Definition of heredamiento: Es el heredamiento la donación de la herencia que, por consideración de matrimonio se otorga en capítulos, al que va a contraerlo y la que los contrayentes otorgan a sus hijos que de aquel matrimonio tendrán; acto intervivos por el cual con motivo de bodas y previendo la muerte se transfiere la herencia del padre

The 'capítulos', broadly speaking, are the 'agreement'

I have reached the end of 11,000 words of a history text and my brain won't function. This is as far as I have got with this sentence, and I need help to untangle it further. I have to translate as near literally as possible, as this is a quote.

The 'heredamiento' represents the bestowal of an inheritance, which is given legal status when a marriage contract is celebrated, to the individual contracting marriage, and provides for the inheritance to be bestowed by participants in the marriage on the possible children of the marriage; it represents, therefore, an agreement inter vivos by means of which the wealth of the progenitor is transferred, in advance of his death, on the occasion of the marriage of the heir”

I have difficulty connecting the two ideas central to a heredamiento, that the agreement represents an inheritance for the person marrying WITH the fact that it contains clauses to provide for the children of the marriage.


TIA:-)
xxxLia Fail
Spain
Local time: 04:16
English translation:breaks down into
Explanation:
Make two sentences:

The condition for bestowing inheritance arises from celebration of a marriage contract by those contracting it. Inheritance is what the parties to the marriage bestow on any children of said marriage; it represents, therefore, an agreement inter vivos to transfer the inheritance from the father by reason of marriage and in advance of his death.

The last part of the second sentence was slightly off. Does it make sense now?

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Note added at 7 hrs 20 mins (2004-03-14 09:51:38 GMT)
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Ther heredamiento in my opinion is merely the Condition for bestowing inheritance versus the inheritance (herencia). The agreement is transfer by reason of marriage prior to death.
Selected response from:

Jane Lamb-Ruiz
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Thanks Jane, this was a big help...
4 KudoZ points were awarded for this answer

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Summary of answers provided
5breaks down intoJane Lamb-Ruiz
4marriage settlement - under a Will made 'in contemplation' of MarriagexxxKirstyMacC


  

Answers


7 hrs   confidence: Answerer confidence 5/5
breaks down into


Explanation:
Make two sentences:

The condition for bestowing inheritance arises from celebration of a marriage contract by those contracting it. Inheritance is what the parties to the marriage bestow on any children of said marriage; it represents, therefore, an agreement inter vivos to transfer the inheritance from the father by reason of marriage and in advance of his death.

The last part of the second sentence was slightly off. Does it make sense now?

--------------------------------------------------
Note added at 7 hrs 20 mins (2004-03-14 09:51:38 GMT)
--------------------------------------------------

Ther heredamiento in my opinion is merely the Condition for bestowing inheritance versus the inheritance (herencia). The agreement is transfer by reason of marriage prior to death.

Jane Lamb-Ruiz
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in category: 676
Grading comment
Thanks Jane, this was a big help...
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10 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
marriage settlement - under a Will made 'in contemplation' of Marriage


Explanation:
The capitulos, I believe, are the marriage settlement covenants or terms/ articles of the settlement.
Contrayentes = parties to the marriage.
Sus hijos: prospective issue (see infra).
Acto intervivos: lifetime deed; instrument inter vivos.

Marriage settlement - based on a strict settlement of land to keep it within the family - is a 'conveyance of property for the benefit of the parties to, and prospective issue issue of a marriage.' Osborne's Concise Law Dict, Sweet & Maxwell, London.

Such a settlement is unusual in UK/Ireland in this day & age, but is still poss with 2 docs.: 1. a vesting deed; 2. a trust instrument.

How this differs from a trust-a-sale I'd rather leave as it's peculiarly Eng. & not Span. law and I'll go into if anyone's interested.

'A settlement made prior to the marriage between William Osborn and Elizabeth Hodge, 1813. West Penwith Resources - Home, *Marriage Settlement*. Search for Resources. ...'

'Declaration deed of execution by trustees of *strict settlement*, 16. Delegation trustees by protection of purchasers, 16 trustees of land functions by, 9. ...'


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Note added at 2004-03-14 16:53:53 (GMT)
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No one else seems to be picking up on this one so, to finish off the sentence, \'the father\'s estate is - in contemplation of death - settled (upon the marriage trusts)\'.

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Note added at 14 hrs 48 mins (2004-03-14 17:19:35 GMT)
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Alts.: in anticipation of marriage/death


    www.number7.demon.co.uk/acts/trusts/ land/indexes/gindex.htm
    Reference: http://west-penwith.org.uk/settle.htm
xxxKirstyMacC
Local time: 03:16
Native speaker of: Native in EnglishEnglish
PRO pts in category: 387
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