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fattispecie e contingenze

English translation: facts and circumstances / types of infringement and circumstances

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Italian term or phrase:fattispecie e contingenze
English translation:facts and circumstances / types of infringement and circumstances
Entered by: Salloz
Options:
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- Include in personal glossary

12:22 Sep 19, 2007
Italian to English translations [PRO]
Law/Patents - Law (general) / ethical code
Italian term or phrase: fattispecie e contingenze
cannot find a term in english which encompasses both, and in any case i'm not sure what the writer means when saying (in the context of drawing up a company code of ethics): "identificando i casi ('fattispecie e contingenze') in cui possono manifestarsi i comportamenti inaccettabili".
Paul O'Brien
Italy
Local time: 12:06
facts and circumstances
Explanation:
My option.
Selected response from:

Salloz
Mexico
Local time: 05:06
Grading comment
the points to Salloz not because the others were not as good (in fact jim's were more in-depth), but because he replied quickly and helped me get my head around it in an emergency (always "emergencies" in our game, right guys?
2 KudoZ points were awarded for this answer

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Summary of answers provided
4types (of violation/infringement) and circumstances
James (Jim) Davis
3model fact situations and contingency situations
Patricia Crotty
3facts and circumstances
Salloz


  

Answers


24 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
facts and circumstances


Explanation:
My option.

Salloz
Mexico
Local time: 05:06
Native speaker of: Native in SpanishSpanish
PRO pts in category: 2
Grading comment
the points to Salloz not because the others were not as good (in fact jim's were more in-depth), but because he replied quickly and helped me get my head around it in an emergency (always "emergencies" in our game, right guys?
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54 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
model fact situations and contingency situations


Explanation:
Bit long-winded and fuzzy but here goes:

De Franchis says this about fattispecie: "questo termine non troval sul piano concettuale esatto riscontro nella common law data la natura giurisprundenziale della legal rule. Tra i tentative di traduzione si segnalano "model fact situation" o "hypothetical fact situation to which the rule attaches a legal consequence"

(the other translation of fattispecie is "case at hand" but I think the model fact situation fits better here)

Contingenza can be tranlated as circumstance, event, contingency
West gives this def. of contingency: "quality of beng contingent or casual, an event which may occur, a possibility, a casualty."

I'm not 100% sure of what the difference would be between a model fact situation and a contingency situation, possibly that the model situation has a ready made solution ready but that you need to wing it a bit in the contingency situation?

Having said that, I'm not sure why you say you want a term that encompasses both?


Patricia Crotty
Local time: 12:06
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 318
Notes to answerer
Asker: patricia, thanks a mill; i was looking for a terms that encompasses both because the writer had the expression in inverted commas. however, i think he/she invented it.

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57 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
types (of violation/infringement) and circumstances


Explanation:
Looking in my database, I see that I have often translated it in context with just "type" as in type of crime.

Poiché il confine tra elusione ed evasione dell’imposizione è spesso piuttosto sottile, individuiamo di seguito le principali fattispecie, ponendo l’accento sui rispettivi caratteri distintivi.
Since the dividing line between tax avoidance and evasion is often a rather fine line, we have identified the main types below putting the accent on the respective distinguishing characteristics.


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Note added at 1 hr (2007-09-19 14:17:46 GMT)
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Another example (written by top econoimists) which clearly shows that one use of the word is to indicate the type of crime
E’ stata inoltre istituita la fattispecie “associazione a delinquere finalizzata al contrabbando di tabacchi lavorati esteri”: l’equiparazione del contrabbando ai reati mafiosi non si concretizza solo nell’inasprimento delle pene ma anche nella decisione di affidare la competenza delle indagini in questa materia ai procuratori distrettuali antimafia, coordinati dal procuratore nazionale.
The special crime of “conspiracy to smuggle foreign tobacco products” was established: it was made equivalent to mafia crimes, which not only made the sentence more sever, but also resulted in responsibility for investigations passing to district anti mafia investigating magistrates, co-ordinated by the national investigating magistrates office.


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Note added at 2 hrs (2007-09-19 14:24:20 GMT)
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Another precisely on ethical codes of conduct:

Parallelamente, nel giugno 2006 il modello organizzativo di xxx Banca è stato aggiornato per recepire, unitamente alle indicazioni dell’Organismo di Vigilanza in seguito a variazioni della struttura organizzativa ed operativa della Banca, le nuove **fattispecie di reati*** societari introdotte nell’ordinamento italiano con il recepimento della direttiva europea in materia di abusi di mercato (c.d. market abuse) e l’emanazione della Legge 262/05 (Disposizioni per la tutela del risparmio e la disciplina dei mercati finanziari).

In parallel with this the organisation of xxx banca was updated to take account of the new ** types of company crimes** introduced into Italian Law with the implementation of the European directive on market abuse and the enactment of Law No. 262/05 (measures for the protection of investment and the discipline of financial markets) and to act on instructions from the supervisory body following changes in the organisational and operational structure of the Bank


James (Jim) Davis
Seychelles
Local time: 14:06
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1623
Notes to answerer
Asker: thanks jim. i've taken everyone's suggestions and worked the phrase into a sentence which is reformulated in the english.

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Changes made by editors
Sep 24, 2007 - Changes made by Salloz:
Edited KOG entry<a href="/profile/677066">Salloz's</a> old entry - "fattispecie e contingenze" » "facts and circumstances"
Sep 24, 2007 - Changes made by Salloz:
Created KOG entryKudoZ term » KOG term


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