error vicio, error obstativo

English translation: procedural error/error on (the) face of the record

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)

Spanish term or phrase:	error vicio, error obstativo
English translation:	procedural error/error on (the) face of the record
Entered by:	Lawrence Lilue

12:38 Jan 22, 2004

Spanish to English translations [PRO]
Law/Patents

Spanish term or phrase: error vicio, error obstativo

...estamos ante un "error vicio" y no ante un "error obstativo" o material...

The errors in question are committed by a court. The author is trying to distinguish between "error vicio" which is a defect in how the court (multi-member tribunal in this case) forms its will, i.e., agrees on a decision, and an "error obstativo", which is an error not in how the decision is reached but in how it is expressed. In other words, the decision is not flawed, but the manner in which it is expressed is mistaken and hence the true expression of the decision is impeded (obstativo comes from obstar). A typical case of an "error obstativo" is an "error material", which is normally translated as "clerical error" in this context.

Clear as mud?

Lawrence Lilue KudoZ activity Questions: 1 (none open) Answers: 41 Spain
Local time: 20:57

procedural error/error on (the) face of the record

Explanation:
Eng. admin. law terms as well as ones used in civ. proced. law.

Caveat if your audience is in the US, though Google entries do suggest the Am. civil litigation slant on procedural v. substantive error is similar: how the decision is arrived at, rather than a mistake of black-letter law.

Selected response from:

KirstyMacC (X)
Local time: 19:57

Grading comment

Thanks. I find your contributions very helpful. As I often do in these cases, for the sake of clarity I have also included the Spanish original in parentheses on first appearance of the terms.
3 KudoZ points were awarded for this answer

Summary of answers provided

4 +3

procedural error/error on (the) face of the record

KirstyMacC (X)

defect error, contrary error

Indiana

subtantive and procedural erros

Gabo Pena

invalidating mistake

jackstraw

Answers

56 mins confidence:

defect error, contrary error

Explanation:
Try this, the terms are really difficult to find.
bye
Indiana.

Indiana
Local time: 14:57
Native speaker of:

Spanish
PRO pts in pair: 124

Grading comment

Thanks

The asker has declined this answer
Comment: Thanks

1 hr confidence:

peer agreement (net): +3

procedural error/error on (the) face of the record

KirstyMacC (X)
Local time: 19:57
Native speaker of:

English
PRO pts in pair: 1193

Grading comment

Thanks. I find your contributions very helpful. As I often do in these cases, for the sake of clarity I have also included the Spanish original in parentheses on first appearance of the terms.

14 hrs confidence:

subtantive and procedural erros

Explanation:
.

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Note added at 2004-01-23 03:10:53 (GMT)
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[errors]

Gabo Pena
Local time: 11:57
Native speaker of:

English,

Spanish
PRO pts in pair: 312

Grading comment

Thanks

The asker has declined this answer
Comment: Thanks

3726 days confidence:

invalidating mistake

Explanation:
When the sense of "error" is not a defect in expressing the law, but refers to one contracting party's unawareness of the true facts, then it's "mistake in fact" - and in this respect "error vicio" is"invalidating mistake". Anyway, that's what I've found pretty reliably after mucho trawling of the internet. (And if the party hasn't understood the legal consequences of an act or decision, it's "mistake in law".)

jackstraw
Native speaker of:

English
PRO pts in pair: 8

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