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vis atractiva

English translation: "force of attraction" (lit), meaning 'the right of a higher court to take over a legal matter (BUT see also in a bankrupcy conte

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:via atractiva
English translation:"force of attraction" (lit), meaning 'the right of a higher court to take over a legal matter (BUT see also in a bankrupcy conte
Entered by: xxxLia Fail
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22:01 Mar 18, 2002
Spanish to English translations [PRO]
Law/Patents
Spanish term or phrase: vis atractiva
I suspect taht it means 'overruling', 'takes precedence' or similar.

It refers to a decision as to which jurisdiction a case corresponds to.

..cual jurisdiccion, la contenciosa administrativa o la civil, ejerce la 'vis atractiva' sobre la otra.

Is there an equivalent English term, so far research has brought up only one hit, and taht in reference to a Spanish case.


What exactly does 'vis' mean?

And 'atractiva' obviouslky means literally
'attractive/attraction' but in what sense?
xxxLia Fail
Spain
Local time: 02:07
"the right of a higher instance/court/authority to take over a legal matter"
Explanation:
something like this I developed from the translation in my Spanish-German dictionary (Becher) for
vis atractiva - das Recht, eine Sache auf eine höhere Ebene an sich zu ziehen

very complicated, the German equivalent, nad I did not find a more reasonable English translation tha the above, but at least this should help you understand the meaning ...
didn't find an equivalent English term
Selected response from:

Eckhard Boehle
Germany
Local time: 02:07
Grading comment
Precisely the kind of explanation I was looking for, as I obviously knew (A) that it was Latin, (B) that it should not be translated, either! What's more, as a translator it is not my job to explian points of law but in this case, 'via atractiva' ONLY appeared in Spanish contexts, so I felt obliged to footnote both a literal translation and an explantion. ('Jus cogens' also appeared in the text, but since the term as such is used in English, I did not feel it was my place to explain it).
Your German interpretation of the meaning fitted exactly with the context, and was precisely the layman's explanation I wanted. Thanks!.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +2"the right of a higher instance/court/authority to take over a legal matter"
Eckhard Boehle
4 +2literalmente, 'attraction force'xxxmgonzalez
4 +2encompassing scope
Parrot
4 +2Fuerza, vigor
DOUBLE A EN<>ES


  

Answers


10 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
Fuerza, vigor


Explanation:
I think is the sense that vis is being used in. Vis in this case is actual Latin.

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Note added at 2002-03-18 22:24:13 (GMT)
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http://www.multilaw.com/Content/ContentGroups/Articles/Spani...

Looks like it\'s called \"attractive sense\"

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Note added at 2002-03-18 22:31:12 (GMT)
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vis acc. vim , abl. vi; plur. vires -ium, f. [force, power, strength; might, influence]; in sing. also [violence]; [a large
number, quantity; the force, nature, meaning of a thing]; plur., milit., [troops, forces].


--------------------------------------------------
Note added at 2002-03-18 22:34:53 (GMT)
--------------------------------------------------

I found a goldmine:
http://www.lectlaw.com/def2/u094.htm

VIS - A Latin word which signifies force. In law it means any kind of force, violence, or
disturbance, relating to a man\'s person or his property.

VIS IMPRESSA - Immediate force; original force. This phrase is applied to cases of
trespass when a question arises whether an injury has been caused by a direct force, or
one which is indirect. When the original force, or vis impressa, had ceased to act before
the injury commenced, then there is no force, the effect is mediate, and the proper remedy
is trespass on the case.

When the injury is the immediate consequence of the force or vis proxima, trespass vi et
armis lies.

VIS MAJOR - A superior force. In law it signifies inevitable accident.

This term is used in the civil law in nearly the same same way that the words act of God,
are used in the common law. Generally, no one is responsible for an accident which arises
from the vis major; but a man may be so where he has stipulated that he would; and when
he has been guilty of a fraud or deceit.
--b--


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Note added at 2002-03-18 22:37:13 (GMT)
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Power of attraction, is what I start gleaning.

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Note added at 2002-03-18 22:49:02 (GMT)
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Power of attraction, is what I start gleaning.

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Note added at 2002-03-19 07:31:14 (GMT)
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More than \"right\" I would say \"power\"

DOUBLE A EN<>ES
Native speaker of: Native in SpanishSpanish, Native in EnglishEnglish
PRO pts in pair: 221

Peer comments on this answer (and responses from the answerer)
agree  xxxmgonzalez
47 mins

agree  Terry Burgess
10 days
Login to enter a peer comment (or grade)

26 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
encompassing scope


Explanation:
Just by way of an explanation. The "sights" (vis) of a certain legal category (for example, civil law) are so broad as to admit various possibilities (they "attract" areas in which there might exist some lacunae). I saw an essay on this searching "terminología + vis atractiva" that was so long it nearly busted my RAM, you might try doing it on Google. It was impossible to copy.

Parrot
Spain
Local time: 02:07
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 7645

Peer comments on this answer (and responses from the answerer)
agree  xxxmgonzalez
27 mins

agree  Terry Burgess
10 days
Login to enter a peer comment (or grade)

57 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
literalmente, 'attraction force'


Explanation:
vis=fuerza.Latinajo que creo que ouedes dejar tal como está, que queda muy bien, quizá explicando entre paréntesis la cuestión de competencia.Un saludo.

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Note added at 2002-03-19 08:19:06 (GMT)
--------------------------------------------------

\'puedes\'

xxxmgonzalez
PRO pts in pair: 44

Peer comments on this answer (and responses from the answerer)
agree  DOUBLE A EN<>ES
8 hrs
  -> Gracias.

agree  Terry Burgess
10 days
  -> Thx.
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58 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
"the right of a higher instance/court/authority to take over a legal matter"


Explanation:
something like this I developed from the translation in my Spanish-German dictionary (Becher) for
vis atractiva - das Recht, eine Sache auf eine höhere Ebene an sich zu ziehen

very complicated, the German equivalent, nad I did not find a more reasonable English translation tha the above, but at least this should help you understand the meaning ...
didn't find an equivalent English term

Eckhard Boehle
Germany
Local time: 02:07
Native speaker of: Native in GermanGerman
PRO pts in pair: 85
Grading comment
Precisely the kind of explanation I was looking for, as I obviously knew (A) that it was Latin, (B) that it should not be translated, either! What's more, as a translator it is not my job to explian points of law but in this case, 'via atractiva' ONLY appeared in Spanish contexts, so I felt obliged to footnote both a literal translation and an explantion. ('Jus cogens' also appeared in the text, but since the term as such is used in English, I did not feel it was my place to explain it).
Your German interpretation of the meaning fitted exactly with the context, and was precisely the layman's explanation I wanted. Thanks!.

Peer comments on this answer (and responses from the answerer)
agree  DOUBLE A EN<>ES
8 hrs
  -> Gracias

agree  Terry Burgess
10 days
  -> un poco tarde - gracias!
Login to enter a peer comment (or grade)




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