preceptiva escritura pública

English translation: required/mandatory notarial instrument

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:preceptiva escritura pública
English translation:required/mandatory notarial instrument
Entered by: Rebecca Jowers

15:01 Nov 27, 2008
Spanish to English translations [PRO]
Social Sciences - Government / Politics / Spanish-Chinese Council Foundation
Spanish term or phrase: preceptiva escritura pública
Así, la Fundación Consejo España China fue formalmente constituida el día 12 de mayo del 2004, mediante el otorgamiento de la ***preceptiva escritura pública*** por cinco entidades que actuaron en calidad de fundadoras, y entró en funcionamiento en julio del mismo año.

I think that this is a public deed, and so my real problem here is "preceptiva". No hits for preceptive, mandatory, compulsory...
I'm sure the answer is under my nose but no luck so far. Please help. UK English, and thanks very much for your help in advance. :)
Kate Major
Spain
Local time: 00:48
required/mandatory notarial instrument
Explanation:
Although "deed" is commonly used to describe an "escritura", a deed is generally evidence of title to real property. As attorney Thomas West underscores in his "Spanish-English Dictionary of Law and Business", a deed is a document by which real property is transferred. Since the document in question in your text is an instrument evidencing the formation of a foundation, it would (in my opinion) more properly be described as a (mandatory, required, etc.) notarial instrument, rather than a "public deed", since no transfer of real property is involved. As this has been discussed on Proz before, I am copying below some info from:

http://www.proz.com/kudoz/spanish_to_english/law:_contracts/...

(the expression under discussion was "elevar a público" )
"Escritura pública" is often (mis)translated, even in published works and dictionaries, as "public deed". This fact has often been discussed on Proz and was the topic of a presentation on the pitfalls of translating notarial documents presented a a past American Translators Association Convention (see below). In modern English "deed" properly refers to a document that conveys real property (sale of real estate, etc), while an "escritura pública" is a notarial instrument whose contents often cannot properly be called a "deed" because its contents often have nothing to do with the conveyance of real property (such as powers of attorneys reflected in "escrituras públicas" or an "escritura pública" incorporating a corporation, changing a company's name or business purpose, etc.). This distinction has been underscored by Thomas West in his "Spanish-English Dictionary of Law and Business" Protea Publishing, 1999:

escritura pública--document recorded by an notary; a notarial instrument. The English term "deed" means a document by which real property is transferred. (Thus, for example) a power of attorney recorded in an "escritura pública" is not a "deed" in English, so the term "escritura pública" must be translated as "notarial instrument" or "notarially recorded instrument." (Thomas West is a lawyer, translator and former President of the ATA).

Here is part of two previous discussions concerning how to translate "elevación a escritura pública" and "elevar a público":

Since "escritura" is often mistranslated as "public deed", I am copying some of my observations in the other entry below. Hope you find this useful.

"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.nyctranslators.org/GothamTranslator/pdf/July-Augu...

In other respects, I do not think that "to record in a public instrument" would be an appropriate translation of "elevar a público", since in English "public instrument" does not mean "notarial document (or) instrument," and thus does not convey what "elevar a público" actually involves in Spain. Likewise, "elevar a público" is much more than merely making a transaction public before a notary, since it means having a civil law notary record a given transaction in a notarial instrument that will henceforth become a part of his notarial records ("protocolo") and will serve as official evidence of that transaction vis-à-vis third parties and may be submitted as evidence of such in court.

http://www.proz.com/kudoz/1462094

http://www.proz.com/kudoz/1446714

http://www.proz.com/kudoz/231414

etc.



Selected response from:

Rebecca Jowers
Spain
Local time: 00:48
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +2required/mandatory notarial instrument
Rebecca Jowers
3 +1mandatory public deed
Margarita Ezquerra (Smart Translators, S.L.)
4prescribed public deed
LexisPlus
3I think you could get away with 'required' here
Chris Lancaster


  

Answers


7 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
prescribed public deed


Explanation:
My attempt to help.

LexisPlus
Argentina
Local time: 19:48
Specializes in field
Native speaker of: Spanish
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17 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
mandatory public deed


Explanation:
Cutting Red Tape - [ Traducir esta página ]Public deeds continue to be mandatory only in situations where ownership of land ... By eliminating mandatory public deeds, company actions have been made ...
www.cuttingredtape.mj.pt/CuttingRedTape/companies/7/index.h... - 5k - En caché - Páginas similares
[XLS] Registering Property in Colombia Details - Doing Business - The ...Formato de archivo: Microsoft Excel - Versión en HTML
The participation of a notary in the preparation of the public deed is mandatory by law, and his fees are also established by law (0.27% of property value + ...
www.doingbusiness.org/ExploreTopics/RegisteringProperty/Det... - Páginas similares
[XLS] Registering Property in Cape Verde Details - Doing Business - The ...Formato de archivo: Microsoft Excel - Versión en HTML
Registration is not mandatory. However, if one wants to sell the property through a public deed one must register the property

Margarita Ezquerra (Smart Translators, S.L.)
Spain
Local time: 00:48
Native speaker of: Spanish
PRO pts in category: 137

Peer comments on this answer (and responses from the answerer)
agree  Richard Boulter
43 mins
  -> Gracias Richard
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23 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
I think you could get away with 'required' here


Explanation:
as in "public deed required" or "deed of incorporation required"

Chris Lancaster
Spain
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 5/5 peer agreement (net): +2
required/mandatory notarial instrument


Explanation:
Although "deed" is commonly used to describe an "escritura", a deed is generally evidence of title to real property. As attorney Thomas West underscores in his "Spanish-English Dictionary of Law and Business", a deed is a document by which real property is transferred. Since the document in question in your text is an instrument evidencing the formation of a foundation, it would (in my opinion) more properly be described as a (mandatory, required, etc.) notarial instrument, rather than a "public deed", since no transfer of real property is involved. As this has been discussed on Proz before, I am copying below some info from:

http://www.proz.com/kudoz/spanish_to_english/law:_contracts/...

(the expression under discussion was "elevar a público" )
"Escritura pública" is often (mis)translated, even in published works and dictionaries, as "public deed". This fact has often been discussed on Proz and was the topic of a presentation on the pitfalls of translating notarial documents presented a a past American Translators Association Convention (see below). In modern English "deed" properly refers to a document that conveys real property (sale of real estate, etc), while an "escritura pública" is a notarial instrument whose contents often cannot properly be called a "deed" because its contents often have nothing to do with the conveyance of real property (such as powers of attorneys reflected in "escrituras públicas" or an "escritura pública" incorporating a corporation, changing a company's name or business purpose, etc.). This distinction has been underscored by Thomas West in his "Spanish-English Dictionary of Law and Business" Protea Publishing, 1999:

escritura pública--document recorded by an notary; a notarial instrument. The English term "deed" means a document by which real property is transferred. (Thus, for example) a power of attorney recorded in an "escritura pública" is not a "deed" in English, so the term "escritura pública" must be translated as "notarial instrument" or "notarially recorded instrument." (Thomas West is a lawyer, translator and former President of the ATA).

Here is part of two previous discussions concerning how to translate "elevación a escritura pública" and "elevar a público":

Since "escritura" is often mistranslated as "public deed", I am copying some of my observations in the other entry below. Hope you find this useful.

"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.nyctranslators.org/GothamTranslator/pdf/July-Augu...

In other respects, I do not think that "to record in a public instrument" would be an appropriate translation of "elevar a público", since in English "public instrument" does not mean "notarial document (or) instrument," and thus does not convey what "elevar a público" actually involves in Spain. Likewise, "elevar a público" is much more than merely making a transaction public before a notary, since it means having a civil law notary record a given transaction in a notarial instrument that will henceforth become a part of his notarial records ("protocolo") and will serve as official evidence of that transaction vis-à-vis third parties and may be submitted as evidence of such in court.

http://www.proz.com/kudoz/1462094

http://www.proz.com/kudoz/1446714

http://www.proz.com/kudoz/231414

etc.





Rebecca Jowers
Spain
Local time: 00:48
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 104
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Edward Tully: yep, great references too!
52 mins
  -> Thanks Edward

agree  kironne
2 hrs
  -> Gracias Kironne
Login to enter a peer comment (or grade)



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