required/mandatory notarial instrument
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:
(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.)
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.
| Rebecca Jowers|
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