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como principio cosustancial el de contradicción

English translation: as a concomitant principle the principle of 'audi alteram partem'/adversarial procedure/

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:como principio cosustancial el de contradicción
English translation:as a concomitant principle the principle of 'audi alteram partem'/adversarial procedure/
Entered by: xxxKirstyMacC
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14:49 Mar 26, 2004
Spanish to English translations [PRO]
Bus/Financial - Law (general)
Spanish term or phrase: como principio cosustancial el de contradicción
Si es recurrible, entonces se habilita como principio cosustancial el de contradicción, en virtud de cual...

So, if it is appealable, then the principle of contradiction is activated, by virtue of which...

Any thoughts on this principle of contradiction?
THanking you greatly in advance,
Linebyline
United Kingdom
Local time: 15:43
as a concomitant principle the principle of 'audi alteram partem'/adversarial procedure/
Explanation:
Called in AE: 'due process' - to which see my other answer to that one.

'I heard the other side' i.e. the arbiter heard both sides of the story.

cf. Fr. le principe du contradictoire i.e. in FHS Bridge's Council of Europe Glossary.
Selected response from:

xxxKirstyMacC
Local time: 15:43
Grading comment
Thanks
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1as a concomitant principle the principle of 'audi alteram partem'/adversarial procedure/xxxKirstyMacC
3the principle of adversary proceedings is adopted as essential
Antonio Castillo Gonz�lez
1double-mattered - comatterGabo Pena


  

Answers


2 hrs   confidence: Answerer confidence 1/5Answerer confidence 1/5
double-mattered - comatter


Explanation:
=8^V

Gabo Pena
Local time: 07:43
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 43
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
como principio cosustancial el de contradicción
the principle of adversary proceedings is adopted as essential


Explanation:
The matter is related to "adversary proceedings", which is a more common English term, meaning that there are two (or more) parties to a suit, and each is entitled to be given a fair chance to state their case and oppose the case of the other party. In criminal procedures the accused is entitled to make his/her case and oppose charges brought by the prosecution.

I think both terms "adversary proceedings" and "contradictory proceedings" are used with the same meaning, although their development might differ from one country to another.

The underlying principle is the "principle of contradictoriness" or "principle of contradiction", also called "the principle of adversary proceedings."

Since there is also a "principle of contradiction" in Philosophy, I'd rather use "the principle of adversary proceedings" to prevent ambiguous intrepretations.


Capitolul 20 - [ Traduzca esta página ]
... It is sufficient to cite the Civil Code, article 10 «The public character of legal proceedings and the principle of contradictoriness» to indicate the ...
www.lexacces.org.md/capitolul20_stud_eng.htm - 22k - En caché - Páginas similares

[PDF] THE LAW OF PUBLIC PROSECUTOR’S OFFICE No. 118-XV of 14.03.2003 ...
Formato de archivo: PDF/Adobe Acrobat
... instances on judging criminal cases, represents official prosecution in all of criminal cases arising from the principle of contradictoriness, participates on ...
www.transparency.md/Laws/118-03_en.pdf - Páginas similares

Boguslaw Banaszak - [ Traduzca esta página ]
... power; 4. the functioning of the judicial power is based on formalized procedures which strongly accentuate the principle of contradictoriness” [L. Garlicki ...
www.direito.up.pt/IJI/Cadernos do IJI/ ANTIGONA%20V/banaszak.htm - 101k - En caché - Páginas similares

Annual report for year 2002 - [ Traduzca esta página ]
... in procedures that violate the right to a fair procedure, the right to appeal, the presumption of innocence and the principle of contradictoriness which are ...
www.mhc.org.mk/eng/a_izveshtai/a_2002gi.htm - 101k - En caché - Páginas similares

FEI v COLOMBIA [1995] IIHRL 20 (4 April 1995) - [ Traduzca esta página ]
... given before the expiry of the deadline for F's submission of her defence statement, this was incompatible with the principle of adversary proceedings and a ...
www.worldlii.org/int/cases/IIHRL/1995/20.html - 9k - En caché - Páginas similares

Nature and Fundamentals of Appellate Proceedings - Special Story ... - [ Traduzca esta página ]
... collect the income-tax, This is based on the earlier principle, which has ... strict sense what are called by American writers as parties to adversary proceedings. ...
www.citcindia.org/itr/may03/vh_patil.htm - 25k - En caché - Páginas similares

03/19/98 Committee on the Judiciary - Tatelbaum Statement - [ Traduzca esta página ]
... consumer cases that were filed, more than two million adversary proceedings could be ... This principle is consistent with the statute as it exists with Chapter 11 ...
www.house.gov/judiciary/5386.htm - 15k - En caché - Páginas similares

[PDF] 1 New Chances for Better Enforcement of EU Environmental ...
Formato de archivo: PDF/Adobe Acrobat - Versión en HTML
... practice, since the case-law of the Court has to been taken into account the course of the procedure (rights of defence, principle of contradiction, burden of ...
www.eeb.org/activities/Enforcement/ Speech-Ruiz-Tomas.pdf - Páginas similares





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Note added at 3 hrs 1 min (2004-03-26 17:50:51 GMT)
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A quote from the reference provided below:

The Committee held: (1) that there was no reason to conclude that the judicial authorities failed to observe their obligation of independence and impartiality; ...
(4) that, as the hearing in the constitutional proceedings took place and the judgment was given before the expiry of the deadline for F\'s submission of her defence statement, this was incompatible with the principle of adversary proceedings and a violation of Art 14(1);




    Reference: http://www.worldlii.org/int/cases/IIHRL/1995/20.html
Antonio Castillo Gonz�lez
Local time: 16:43
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 156
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
as a concomitant principle the principle of 'audi alteram partem'/adversarial procedure/


Explanation:
Called in AE: 'due process' - to which see my other answer to that one.

'I heard the other side' i.e. the arbiter heard both sides of the story.

cf. Fr. le principe du contradictoire i.e. in FHS Bridge's Council of Europe Glossary.

xxxKirstyMacC
Local time: 15:43
Native speaker of: Native in EnglishEnglish
PRO pts in category: 387
Grading comment
Thanks

Peer comments on this answer (and responses from the answerer)
agree  Lawrence Lilue
1 hr
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