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civil law terms

English translation: declaratory proceedings, summary + declaratory proceedings, ordinary

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12:40 Sep 30, 2000
Portuguese to English translations [PRO]
Law/Patents
Portuguese term or phrase: civil law terms
These are in the context of procedural rules for an arbitration tribunal in a commercial contract:
- processo declarativo sumario
- processo declarativo ordinario
- Os recursos terao efeito meramente devolutivo.
- Os agravos subirao a final nos proprios autos.
lexical
Spain
Local time: 05:06
English translation:declaratory proceedings, summary + declaratory proceedings, ordinary
Explanation:
Plaintiff is seeking a judicial declaration of his or her rights but no specific relief beyond that declaration. In other words, seeking a declaration by the court that a lawful right or obligation is present.

Summary proceedings - a faster route thru the court. Ordinary proceedings, normal slow route. Hard to come up with a graceful translation to work this concept into "declaratory proceedings."
Selected response from:

Donna Sandin
United States
Local time: 23:06
Grading comment
Many thanks, DSandin, for both your answers which were very helpful.
4 KudoZ points were awarded for this answer

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Summary of answers provided
nadeclaratory proceedings, summary + declaratory proceedings, ordinary
Donna Sandin
naNot providing prescriptive relief, not having the effect of a stay of execution of the judgment.
Donna Sandin


  

Answers


2 days1 hr
Not providing prescriptive relief, not having the effect of a stay of execution of the judgment.


Explanation:
these are two possible translations for "efeito meramente devolutivo." It's the opposite of supersedeas, which suspends the effects of whatever decision is being appealed.

Donna Sandin
United States
Local time: 23:06
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1112
Login to enter a peer comment (or grade)

2 days1 hr
declaratory proceedings, summary + declaratory proceedings, ordinary


Explanation:
Plaintiff is seeking a judicial declaration of his or her rights but no specific relief beyond that declaration. In other words, seeking a declaration by the court that a lawful right or obligation is present.

Summary proceedings - a faster route thru the court. Ordinary proceedings, normal slow route. Hard to come up with a graceful translation to work this concept into "declaratory proceedings."


    Rosenn, old article on comparative law
Donna Sandin
United States
Local time: 23:06
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1112
Grading comment
Many thanks, DSandin, for both your answers which were very helpful.
Login to enter a peer comment (or grade)




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