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derecho de retracto

English translation: retrospective right of first refusal

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:derecho de retracto
English translation:retrospective right of first refusal
Entered by: Antonio Castillo Gonz�lez
Options:
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09:00 Jul 1, 2003
Spanish to English translations [PRO]
Law/Patents / Landlord and Tenand Law, Lease
Spanish term or phrase: derecho de retracto
Las partes acuerdan expresamente la exclusión del derecho de tanteo y retracto previsto en el artículo 31 de la Ley de Arrendamientos urbanos de 24 de Noviembre de 1.994.

I have translated these terms in the past (being in a hurry)as "rights of pre-emption and redemption", which seemed to me quite general. However these terms are mainly used to refer to preferential rights regarding stock.

The "derecho de tanteo" may probably be referred to as a "right of first refusal", but then, how do you name the "derecho de retracto"? re-purchase?

retracto [DRAE]
Del lat. retractus.
1. m. Der. Derecho que compete a ciertas personas para quedarse, por el tanto de su precio, con la cosa vendida a otro.

Please note that "tanteo" is a preferential right to be exercise before the fact (sale of the property) whilst "retracto" is also a preferential right to be exercised after the fact, cancelling a sale which has already taken place so that the property can be sold to the lessee who was not duly notified of the said sale.
Antonio Castillo Gonz�lez
Local time: 02:39
retrospective right of first refusal
Explanation:
Hi Antonio,
It turns out that I had the same question last week. The translation department where I work translates this as retrospective right of first refusal. When the two terms (tanteo y retracto) are together they use prospective and retrospective right of first refusal.

Hope this helps!
Selected response from:

Katherine Matles
Spain
Local time: 02:39
Grading comment
The term "tanteo" designates a right of first refusal existing in many countries, but "retracto" (as defined in Spanish law) does not seem to exist in any English-speaking country, so we are all trying to find a name for something that just does not exist in the English-speaking world.
The various possible answers (redemption, recovery, repurchase, retrospective right of first refusal...) are words trying to name in English something peculiar to Spanish law. All very enriching (but very difficult indeed to find a 100% match).

Despite dictionaries, I have not found occurrences that match 100% the Spanish concept of "retracto". I have rather found differences. For instance, "redemption" is either used "before the sale" of "after a foreclosure sale during the redemption period," which is not the case with Spanish "retracto." As for "recovery", it does not seem to appear on the Internet with that meaning. The same goes for "revocation", but they are very interesting attemps, and I feel that the persons who sugested them almost hit the bull's eye (but perhaps not quite). The trouble is that the system does not allow participants to share the points. Therefore, I have to select the answer I liked best and thank all participants.

Antonio
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +2right of redemption
TransMark
4 +1retrospective right of first refusal
Katherine Matles
4right of first refusal and recovery
Michael Powers (PhD)
4right of revocation
Valentín Hernández Lima
4preferential purchase rightSheilann
4right of first refusal
Michael Powers (PhD)


  

Answers


1 min   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
right of redemption


Explanation:
El diccionario jurídico de Alcaraz Varó traduce "derecho de retracto y tanteo" como "right of redemption and pre-emption".

TransMark
Spain
Local time: 02:39
Native speaker of: Spanish
PRO pts in pair: 112

Peer comments on this answer (and responses from the answerer)
agree  Alejandro Field: also "redemption right" or "equity of redemption"
2 mins

agree  Connie Ibarzabal: According to Oxford this is the best option since it refers to saving the person from being subject to such clause
13 hrs
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5 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
preferential purchase right


Explanation:
If the landlord decides to sell the property, the tenant has first right to purchase. In this case, the tenant waives that right. Redempton would be more appropriate in the case of stock.

Sheilann
Spain
Local time: 02:39
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 886
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14 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
right of revocation


Explanation:
El Diccionario Jurídico (Guillermo Cabanellas y Eleanor C. Hoague - Editorial Heliasta) da esta equivalencia colocando entre paréntesis la siguiente especificación <right of revocation (of a sales contract after the sales has occurred)>. Quizá se refiera al derecho de revocar el contrato de arrendamiento en tu contexto.

Saludos,

V

Valentín Hernández Lima
Spain
Local time: 01:39
Native speaker of: Native in SpanishSpanish
PRO pts in pair: 1336
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33 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
right of first refusal


Explanation:
+

--------------------------------------------------
Note added at 36 mins (2003-07-01 09:37:11 GMT)
--------------------------------------------------

In West\'s Spanish-English Dictionary of Law and Business (1999)

\"derecho de tanteo\" = \"right of first refusal\"

\"retracto convencional\" = \"contractual right to recover a thing sold to someone else [see Art. 1534 of the Venezuelan Civil Code]\"

\"retracto legal\" = \"statutory right to recover a thing sold to someone else\"

Michael Powers (PhD)
United States
Local time: 20:39
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 12654
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38 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
right of first refusal and recovery


Explanation:
To include both concepts

--------------------------------------------------
Note added at 39 mins (2003-07-01 09:40:15 GMT)
--------------------------------------------------

In West\'s Spanish-English Dictionary of Law and Business (1999)

\"derecho de tanteo\" = \"right of first refusal\"

\"retracto convencional\" = \"contractual right to recover a thing sold to someone else [see Art. 1534 of the Venezuelan Civil Code]\"

\"retracto legal\" = \"statutory right to recover a thing sold to someone else\"


Michael Powers (PhD)
United States
Local time: 20:39
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 12654
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
retrospective right of first refusal


Explanation:
Hi Antonio,
It turns out that I had the same question last week. The translation department where I work translates this as retrospective right of first refusal. When the two terms (tanteo y retracto) are together they use prospective and retrospective right of first refusal.

Hope this helps!

Katherine Matles
Spain
Local time: 02:39
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 867
Grading comment
The term "tanteo" designates a right of first refusal existing in many countries, but "retracto" (as defined in Spanish law) does not seem to exist in any English-speaking country, so we are all trying to find a name for something that just does not exist in the English-speaking world.
The various possible answers (redemption, recovery, repurchase, retrospective right of first refusal...) are words trying to name in English something peculiar to Spanish law. All very enriching (but very difficult indeed to find a 100% match).

Despite dictionaries, I have not found occurrences that match 100% the Spanish concept of "retracto". I have rather found differences. For instance, "redemption" is either used "before the sale" of "after a foreclosure sale during the redemption period," which is not the case with Spanish "retracto." As for "recovery", it does not seem to appear on the Internet with that meaning. The same goes for "revocation", but they are very interesting attemps, and I feel that the persons who sugested them almost hit the bull's eye (but perhaps not quite). The trouble is that the system does not allow participants to share the points. Therefore, I have to select the answer I liked best and thank all participants.

Antonio

Peer comments on this answer (and responses from the answerer)
agree  Сергей Лузан
9 hrs
Login to enter a peer comment (or grade)




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