KudoZ home » Spanish to English » Law/Patents

bajo juramento decisorio o indecisorio

English translation: decisory or non-decisory oath

Advertisement

Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs
(or are passionate about them). Participation is free and the site has a strict confidentiality policy.
GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:juramento decisorio o indecisorio
English translation:decisory or non-decisory oath
Entered by: xxxLia Fail
Options:
- Contribute to this entry
- Include in personal glossary

20:32 May 11, 2002
Spanish to English translations [PRO]
Law/Patents
Spanish term or phrase: bajo juramento decisorio o indecisorio
Law Dic says 'determinative' but this does not appear in Google.
xxxLia Fail
Spain
Local time: 02:13
Decisory oath - non decisory oath
Explanation:
Decisory oath. By this term in the civil law is understood an oath which one of the parties defers or refers back to the other for the decision of the cause.

It may be deferred in any kind of civil contest whatever, in questions of possession or of claim; in personal actions and in real. The plaintiff may defer the oath to the defendant, whenever he conceives he has not sufficient proof of the fact which is the foundation of his claim; and in like manner, the defendant may defer it to the plaintiff when he has not sufficient proof of his defence. The person to whom the oath is deferred ought either to take it or refer it back, and if he will not do either the cause should be decided against him.

The decisory oath has been practically adopted in the district court of the United States, for the district of Massachusetts, and admiralty causes have been determined in that court by the oath decisory; but the cases in which this oath has been adopted, have been where the tender has been accepted; and no case is known to have occurred there in which the oath has been refused and tendered back to the adversary.
Selected response from:

biancaf202
Local time: 19:13
Grading comment
Thanks!
4 KudoZ points were awarded for this answer

Advertisement


Summary of answers provided
4 +2Please read below
Robert INGLEDEW
4 +1sworn statement or statement weighed by the judge
Maria
4Decisory oath - non decisory oath
biancaf202


  

Answers


9 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
Please read below


Explanation:
1) juramento decisorio: decisory oath
2) juramento indecisorio: non determinative oath.



Robert INGLEDEW
Argentina
Local time: 21:13
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in pair: 1940

Peer comments on this answer (and responses from the answerer)
agree  Dr. Chrys Chrystello
6 mins
  -> Thank you, Chrys.

agree  Manuel Cedeño Berrueta: Alcaraz Varó also gives determinative oath
5 hrs
  -> Gracias, Manuel.
Login to enter a peer comment (or grade)

10 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
sworn statement or statement weighed by the judge


Explanation:
this is what Thomas West says about "juramento decisorio" sworn statement that one party requests of another in a proceeding, agreeing to be bound by whatever that other party says under oath (and therefore is accepted by the judge, rather than being weighed against other evidence)

juramento indecisorio= testimony that is weighed by the judge against the party's other evidence.

Hope this helps




    Thomas West - Dic. Law and Business
Maria
Local time: 19:13
Native speaker of: Native in SpanishSpanish
PRO pts in pair: 920

Peer comments on this answer (and responses from the answerer)
agree  Yolanda Broad
3806 days
Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Decisory oath - non decisory oath


Explanation:
Decisory oath. By this term in the civil law is understood an oath which one of the parties defers or refers back to the other for the decision of the cause.

It may be deferred in any kind of civil contest whatever, in questions of possession or of claim; in personal actions and in real. The plaintiff may defer the oath to the defendant, whenever he conceives he has not sufficient proof of the fact which is the foundation of his claim; and in like manner, the defendant may defer it to the plaintiff when he has not sufficient proof of his defence. The person to whom the oath is deferred ought either to take it or refer it back, and if he will not do either the cause should be decided against him.

The decisory oath has been practically adopted in the district court of the United States, for the district of Massachusetts, and admiralty causes have been determined in that court by the oath decisory; but the cases in which this oath has been adopted, have been where the tender has been accepted; and no case is known to have occurred there in which the oath has been refused and tendered back to the adversary.

biancaf202
Local time: 19:13
Native speaker of: Native in ItalianItalian, Native in SpanishSpanish
PRO pts in pair: 28
Grading comment
Thanks!
Login to enter a peer comment (or grade)




Return to KudoZ list


KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.



See also:



Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search