garantido o direito de regresso

English translation: guaranteeing the rights of recovery

12:55 Dec 1, 2008
Portuguese to English translations [PRO]
Law/Patents - Law: Contract(s)
Portuguese term or phrase: garantido o direito de regresso
Right to legal recourse?

Cada uma das Partes responde integralmente pelos danos que causara terceiros, garantido
o direito de regresso, na forma da lei, inclusive a denunciação da lide de forma a garantir o
direito de defesa."
telefpro
Local time: 03:18
English translation:guaranteeing the rights of recovery
Explanation:
Pls. see:

http://www.proz.com/kudoz/portuguese_to_english/law_general/...

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Note added at 52 mins (2008-12-01 13:48:03 GMT)
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There's approx. 226,000 examples in Google that confirms the use of this legal term. Pls. take a look:

http://www.google.com/search?hl=en&q="rights of recovery"&bt...
---------------------------------------------------
Plus, I did read this article in Consultor Júridico and know quite well that the English version I supplied you pertains to this context:

http://www.conjur.com.br/static/text/50519,1

Selected response from:

Gilmar Fernandes
United States
Local time: 17:48
Grading comment
You were the first to give the answer. Thanks also to Haggen Kennedy
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +4whereby rights of recovery are assured under the law
Haggen Kennedy
5 +1guaranteeing the rights of recovery
Gilmar Fernandes
4 +1the right of recourse being guaranteed
Donna Sandin
5 -1guaranteeing the right to appeal
Jorge Freire
4reserving the right to appeal
Maria Teresa Borges de Almeida


Discussion entries: 3





  

Answers


11 mins   confidence: Answerer confidence 5/5 peer agreement (net): -1
guaranteeing the right to appeal


Explanation:
Neste contexto creio ser e melhor opção

regresso


substantivo masculino
· return;



· DIREITO
recourse, appeal;




© Porto Editora, Lda. - 2000

Jorge Freire
Local time: 22:48
Native speaker of: Portuguese

Peer comments on this answer (and responses from the answerer)
disagree  Lincoln Silveira (X): Right to appeal? Not so, I'm afraid.
2 hrs
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17 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
reserving the right to appeal


Explanation:
Diria assim...

Maria Teresa Borges de Almeida
Portugal
Local time: 22:48
Works in field
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 99
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27 mins   confidence: Answerer confidence 5/5 peer agreement (net): +4
whereby rights of recovery are assured under the law


Explanation:
It is not an appeal. "Appeal" is too generic, whereas Direito de Regresso is not processualistic, but a right (they should never be taken as the same thing). Its processualistic counterpart would be "Ação de Regresso". And even then, that's a specific type of action, not an appeal (the latter is directed towards the same person in the first court process - which is not the case here).

"Direito de regresso" is the rights of recovery that someone (who has been sentenced to indemnify a third person) has in order to recover this money from a previous person who in fact should be paying said compensation. This is a basic Civil Responsibility subject that any 2nd-year Law student would know.

"Direito de regresso" translates as "Rights of Recovery", "Right to recovery", "Subrogation" or "Acts of Third Parties" depending on the context. Please take a look at this:
http://www.faqs.org/abstracts/Business-international/The-rig...

I would translate this as: "whereby rights of recovery are assured under the law".


    Reference: http://https://www.myloweslife.com/spd/low-5a1-plan-administ...
Haggen Kennedy
Brazil
Local time: 18:48
Specializes in field
Native speaker of: Native in PortuguesePortuguese

Peer comments on this answer (and responses from the answerer)
agree  Marlene Curtis
28 mins

agree  Linda Burns
2 hrs

agree  Lincoln Silveira (X): Subrogation, yes. Good explanation!
2 hrs

agree  Sonny Tissot: According to Maria Chaves dictionary, Direito de regresso = Subrogation right
36 days
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4 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
guaranteeing the rights of recovery


Explanation:
Pls. see:

http://www.proz.com/kudoz/portuguese_to_english/law_general/...

--------------------------------------------------
Note added at 52 mins (2008-12-01 13:48:03 GMT)
--------------------------------------------------

There's approx. 226,000 examples in Google that confirms the use of this legal term. Pls. take a look:

http://www.google.com/search?hl=en&q="rights of recovery"&bt...
---------------------------------------------------
Plus, I did read this article in Consultor Júridico and know quite well that the English version I supplied you pertains to this context:

http://www.conjur.com.br/static/text/50519,1



Gilmar Fernandes
United States
Local time: 17:48
Specializes in field
Native speaker of: Native in PortuguesePortuguese, Native in EnglishEnglish
PRO pts in category: 419
Grading comment
You were the first to give the answer. Thanks also to Haggen Kennedy

Peer comments on this answer (and responses from the answerer)
agree  Linda Burns: Both Gilmar's and Kennedy's translations would suffice in a common law jurisdiction
2 hrs
  -> Thanks Linda. Coming from a NY practising attorney, that certainly weighs a lot in my book! Also, I must point out that I responded first here....at 4 minutes!
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
the right of recourse being guaranteed


Explanation:
this is a little broader, less specific
Note: you need to use "guaranteed" or "assured" - "reserved" doesn't mean the same thing, in my opinion

Donna Sandin
United States
Local time: 17:48
Specializes in field
Native speaker of: English
PRO pts in category: 159

Peer comments on this answer (and responses from the answerer)
agree  Lincoln Silveira (X): Recourse, too!
12 mins
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