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the court, by order, declares that it is satisfied

Portuguese translation: o tribunal, por despacho, declara considerar que

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:the court, by order, declares that it is satisfied
Portuguese translation:o tribunal, por despacho, declara considerar que
Entered by: Teresa Borges
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17:39 Sep 29, 2011
English to Portuguese translations [PRO]
Law/Patents - Law (general) / divorce order
English term or phrase: the court, by order, declares that it is satisfied
THE COURT FINDS:
1 The marriage is proved.
2 The applicant (or respondent) husband/wife (or ifboth, parties) was/were at all material times domiciled in/a citizen ofi'ordinarily resident in Australia and has been so resident for 1 year immediately preceding that date on which the application was filed.
3 The ground for the application for a divorce order- namely, that the marriage has broken down irretrievably - is proved.
THE COURT, BY ORDER, DECLARES THAT IT IS SATISFIED:
4 There is/are no cbild/ren of the marriage to whom Section 55A(3) of the Act applies
THE COURT ORDERS:
5 A divorce order be made, such divorce order to take effect and thereby terminate the marriage
on 12/12/10.
Adriana Maciel
Brazil
Local time: 03:20
o tribunal, por despacho, declara considerar que
Explanation:
Diria assim em PT(pt)...
Selected response from:

Teresa Borges
Portugal
Local time: 05:20
Grading comment
Obrigada.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1o tribunal, por despacho, declara considerar que
Teresa Borges
5O Juizo por sentenca conhece do pedido
Menini
4o tribunal, por auto, declara considerar que
Ines Matos


Discussion entries: 2





  

Answers


7 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
o tribunal, por despacho, declara considerar que


Explanation:
Diria assim em PT(pt)...

Teresa Borges
Portugal
Local time: 05:20
Works in field
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 646
Grading comment
Obrigada.

Peer comments on this answer (and responses from the answerer)
agree  Leonor Machado
5 hrs
  -> Obrigada, Leonor!
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40 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
o tribunal, por auto, declara considerar que


Explanation:
http://esl.proz.com/kudoz/english_to_spanish/law_general/408...
Explicação:
Parece que “The court by order declared” é uma forma estandardizada da legislação processual civil australiana para casos de divorcio e separação. Importante especificar que se trata de um “auto”, e não de uma “sentença”, porque em casos de divorcio as sentenças do sistema anglo saxão designam-se “decree" . Trata-se de um "auto" que precedeu o ditame da sentença de divorcio (decree).


http://caselaw.findlaw.com/ar-supreme-court/1273329.html
On March 27, 2000, a DIVORCE DECREE called a Decree Nisi of Dissolution of Marriage was entered by the Family Court of Western Australia at Perth. The Australian decree provided:
The COURT BY ORDER DECLARED that it was satisfied that the child/ren named in the order is/are the only child/ren of the marriage who has/have not attained the age of eighteen years and that proper arrangements in all the circumstances have been made for the care, welfare and development of the child/ren.

http://www.austlii.edu.au/au/legis/cth/num_reg/flr1991n41427...
1991 No. 414 FAMILY LAW RULES (AMENDMENT) - RULE 22
22. Schedule 1 (Forms)
DECREE NISI OF DISSOLUTION OF MARRIAGE IN THE FAMILY COURT OF AT IN THE MARRIAGE OF:
(husband) and
(wife) Before the Family Court of
On 19 .
1. The application of (full name) for the dissolution of the marriage of the abovenamed husband and wife was heard today. 2. The court was satisfied that the abovenamed (full name) was domiciled in Australia (or was a citizen of Australia or was ordinarily resident in Australia). 3. The court held that the marriage had broken down irretrievably. 4. The court decreed that, on and subject to the decree of the court becoming absolute, the marriage solemnised at (place of solemnisation) on 19 between the abovenamed husband and wife be dissolved. 5. The COURT BY ORDER DECLARED that it was satisfied that there are no children of the marriage who have not attained the age of 18 years. or 5. The court by order declared that:
(a) it was satisfied that the only *child/*children of the marriage who have not attained the age of 18 years *is/*are the *child/*children specified in the order; and
(b) proper arrangements in all the circumstances have been made for the welfare of the *child/*children.
or 5. The court by order declared that:
(a) it was satisfied that the only *child/*children of the marriage who have not attained the age of 18 years *is/*are the *child/*children specified in the order; and
(b) it was not satisfied that proper arrangements in all the circumstances have been made for the welfare of the *child/*children.
or 5. The court by order declared that:
(a) it was satisfied that the only *child/*children of the marriage who have not attained the age of 18 years *is/*are the *child/*children specified in the order; and (b) there are circumstances by reason of which the decree nisi should become absolute even though the court is not satisfied that proper arrangements for the welfare of the *child/*children have been made.
By the Court, Registrar.


    Reference: http://esl.proz.com/kudoz/english_to_spanish/law_general/408...
Ines Matos
Spain
Local time: 06:20
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 4
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8 hrs   confidence: Answerer confidence 5/5
O Juizo por sentenca conhece do pedido


Explanation:
Nao pode ser despacho - art 162, § 3º, do CPC, assevera que os despachos “são todos os atos do juiz praticados no processo, de ofício ou a requerimento das partes, a cujo respeito a lei não estabelece outra forma”.
Order - Black's Law Dictionary - A mandate, precept, command or direction authoritatively given; ....See also ...Decree, Decision...
No caso especifico trata-se de uma sentenca declaratoria.
Em que pese ser "decree", decisao, a natureza juridica quando transportada para o sistema Romano- Germanico e de sentenca. Sentenca com natureza juridica de decisao declaratoria, nao condenatoria ou executoria, mas sim para declarar, ou constituir uma nova situacao juridica.
O documento e uma sentenca declaratoria. De acordo com o procedimento processual civil, quer seja do sistema Romano-Germanico, quer seja do "Common Law", apresenta e atende todos os requisitos legais observados pelo legislador quando de sua lavratura.
o verbo "satisfied" no contexto quer dizer "conhece".



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Note added at 8 hrs (2011-09-30 02:20:47 GMT)
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O despacho e um ato ordinario de mero expediente. nao decide, nao reconhece. Movimenta o processo.


    Reference: http://www.scribd.com/doc/7034549/Frederico-Marques-Sentenca
Menini
Local time: 00:20
Specializes in field
Native speaker of: Portuguese
PRO pts in category: 4
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Changes made by editors
Oct 12, 2011 - Changes made by Teresa Borges:
Created KOG entryKudoZ term » KOG term


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