y a estas un testimonio de la presente escritura

English translation: and to these, a certified copy of this notarially-recorded instrument

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:y a estas un testimonio de la presente escritura
English translation:and to these, a certified copy of this notarially-recorded instrument
Entered by: Rebecca Jowers

17:26 Jul 31, 2016
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: y a estas un testimonio de la presente escritura
This comes at the end of a Salvadoran deed of marriage.

Yo el Suscrito Notario hago constar que: agregaré al legajo de anexos de mi protocolo las diligencias matrimoniales y a estas un testimonio de la presente escritura.
Darius Saczuk
United States
Local time: 14:08
and to these, a certified copy of this notarially-recorded instrument
Explanation:
Hi Dariusz,

Your seemingly innocuous chunk of text contains quite a few pitfalls and some of the hard-to-translate expressions that seasoned Spanish-English legal translators still frequently argue about:

“protocolo (notarial)” = notarial/notary’s archives; notarial record book

“testimonio” = certified (verbatim) copy or transcript (certified by someone who “ostenta la fe pública”, like “notarios” or “secretarios judiciales,” or consular officers abroad, etc. (I can send you an example of a Spanish court clerk’s “testimonio” if you’re interested.)

“escritura” = notarial instrument; notarially-recorded instrument (Although often used, I personally avoid “deed” since in modern usage “deed” most often refers to title to real property, and “escritura” is a broader term denoting notarial instruments that may reflect many different types of legal transactions, not only “escritura de compraventa de inmueble”, but also “escritura de préstamo hipotecario,” “escritura de constitución de sociedad mercantil”, “escritura de aceptación de herencia”, “escritura de aumento de capital”, etc., etc. I have collected a long list of different types of “escritura!

For what it’s worth, this is from a former question (2006)

"Elevar a público" means "to record in a notarial instrument," which in Spain is called an "escritura pública". I do not think it would be appropriate here to translate "elevar a público" as "to record in a public deed." In English a "deed" is not a notarial instrument, but rather a "an instrument by which land is conveyed" or that "conveys some interest in property" (Black's Law Dictionary). Thus, as indicated by Tom West in his "Spanish-English Dictionary of Law and Business", "escritura pública" must be translated as "notarial instrument" or "notarially-recorded instrument." The foregoing was underscored at an ATA (American Translators Association) Legal Translation Conference presentation on commonly mistranslated notarial terminology: "Escritura pública: Notarially recorded instrument or document. Described as the "mother" of all documents. Kept in the notarial record book and never taken out. Not the same as a deed, which is an instrument that conveys land."
(reproduced in the July-August 2003 issue of "The Gotham Translator", Publication of the New York Circle of Translators, pp. 6-7.)
http://www.proz.com/kudoz/spanish_to_english/law_contracts/1...

I hope some of this proves useful.


--------------------------------------------------
Note added at 2 hrs (2016-07-31 19:32:28 GMT)
--------------------------------------------------

To add a note to Adrian's comment:

Sometimes BrE speakers suggest that in non-US common law jurisdictions "deed under seal" would be an appropriate rendering of "escritura". But for me, there is one important problem with "deed under seal": the expression doesn't convey the fact that an "escritura" is a document issued by a civil law notary, with all this this implies with respect to guaranteeing legal certainty in civil law jurisdictions. My students of legal English (all young Spanish lawyers) often tell me that it is a challenge for them to explain to their American and British clients not only why certain documents have to be signed in the presence of a notario, but also what the significant of a notarially-recorded document is (as well as how the notario can charge what he charges!).

--------------------------------------------------
Note added at 4 hrs (2016-07-31 22:05:41 GMT)
--------------------------------------------------

(sorry, typo above, "significant" should be "significance")

--------------------------------------------------
Note added at 18 hrs (2016-08-01 12:12:37 GMT) Post-grading
--------------------------------------------------

Hi again, Dariusz. I'm glad you found this useful.
Saludos from Madrid
Selected response from:

Rebecca Jowers
Spain
Local time: 20:08
Grading comment
Again, thank you very much for your masterful answer, Rebecca.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +6and to these, a certified copy of this notarially-recorded instrument
Rebecca Jowers
Summary of reference entries provided
Some previous questions
Helena Chavarria

Discussion entries: 21





  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +6
and to these, a certified copy of this notarially-recorded instrument


Explanation:
Hi Dariusz,

Your seemingly innocuous chunk of text contains quite a few pitfalls and some of the hard-to-translate expressions that seasoned Spanish-English legal translators still frequently argue about:

“protocolo (notarial)” = notarial/notary’s archives; notarial record book

“testimonio” = certified (verbatim) copy or transcript (certified by someone who “ostenta la fe pública”, like “notarios” or “secretarios judiciales,” or consular officers abroad, etc. (I can send you an example of a Spanish court clerk’s “testimonio” if you’re interested.)

“escritura” = notarial instrument; notarially-recorded instrument (Although often used, I personally avoid “deed” since in modern usage “deed” most often refers to title to real property, and “escritura” is a broader term denoting notarial instruments that may reflect many different types of legal transactions, not only “escritura de compraventa de inmueble”, but also “escritura de préstamo hipotecario,” “escritura de constitución de sociedad mercantil”, “escritura de aceptación de herencia”, “escritura de aumento de capital”, etc., etc. I have collected a long list of different types of “escritura!

For what it’s worth, this is from a former question (2006)

"Elevar a público" means "to record in a notarial instrument," which in Spain is called an "escritura pública". I do not think it would be appropriate here to translate "elevar a público" as "to record in a public deed." In English a "deed" is not a notarial instrument, but rather a "an instrument by which land is conveyed" or that "conveys some interest in property" (Black's Law Dictionary). Thus, as indicated by Tom West in his "Spanish-English Dictionary of Law and Business", "escritura pública" must be translated as "notarial instrument" or "notarially-recorded instrument." The foregoing was underscored at an ATA (American Translators Association) Legal Translation Conference presentation on commonly mistranslated notarial terminology: "Escritura pública: Notarially recorded instrument or document. Described as the "mother" of all documents. Kept in the notarial record book and never taken out. Not the same as a deed, which is an instrument that conveys land."
(reproduced in the July-August 2003 issue of "The Gotham Translator", Publication of the New York Circle of Translators, pp. 6-7.)
http://www.proz.com/kudoz/spanish_to_english/law_contracts/1...

I hope some of this proves useful.


--------------------------------------------------
Note added at 2 hrs (2016-07-31 19:32:28 GMT)
--------------------------------------------------

To add a note to Adrian's comment:

Sometimes BrE speakers suggest that in non-US common law jurisdictions "deed under seal" would be an appropriate rendering of "escritura". But for me, there is one important problem with "deed under seal": the expression doesn't convey the fact that an "escritura" is a document issued by a civil law notary, with all this this implies with respect to guaranteeing legal certainty in civil law jurisdictions. My students of legal English (all young Spanish lawyers) often tell me that it is a challenge for them to explain to their American and British clients not only why certain documents have to be signed in the presence of a notario, but also what the significant of a notarially-recorded document is (as well as how the notario can charge what he charges!).

--------------------------------------------------
Note added at 4 hrs (2016-07-31 22:05:41 GMT)
--------------------------------------------------

(sorry, typo above, "significant" should be "significance")

--------------------------------------------------
Note added at 18 hrs (2016-08-01 12:12:37 GMT) Post-grading
--------------------------------------------------

Hi again, Dariusz. I'm glad you found this useful.
Saludos from Madrid

Rebecca Jowers
Spain
Local time: 20:08
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2222
Grading comment
Again, thank you very much for your masterful answer, Rebecca.
Notes to answerer
Asker: Thank you, Rebecca, for your invaluable input. I will make the necessary corrections.


Peer comments on this answer (and responses from the answerer)
agree  Helena Chavarria: I'm sure many people will find your answer very helpful!
13 mins
  -> Thanks Helena

agree  Adrian MM. (X): albeit Deed under Seal etc. would be OK in EN common law jurisdictions other than the US for non-land scenarios.
36 mins
  -> Thanks Adrian. I'll post an additional comment.

agree  Charles Davis: A masterly exposition, if I may say so.
2 hrs
  -> Thanks, Charles, for your kind words!

agree  Yvonne Gallagher
3 hrs
  -> Thanks Gallagy

agree  Patrice
3 hrs
  -> Thanks Patrice

agree  AllegroTrans: yes, but not "deed under seal"
14 hrs
  -> Thanks AllegroTrans. As I indicated above, I prefer "notarial (or) notarially-recorded instrument" as a translation for "escritura" and never use either "deed" or "deed under seal"
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Reference comments


53 mins
Reference: Some previous questions

Reference information:
http://www.proz.com/kudoz/spanish_to_english/law_general/978...

http://www.proz.com/kudoz/spanish_to_english/certificates_di...

http://www.proz.com/kudoz/spanish_to_english/certificates_di...

--------------------------------------------------
Note added at 54 mins (2016-07-31 18:20:41 GMT)
--------------------------------------------------

http://forum.wordreference.com/threads/testimonio-de-escritu...

Helena Chavarria
Spain
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 373
Note to reference poster
Asker: Thank you, Helena.

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