de oficio

English translation: yes, paid by the State

10:55 Apr 28, 2005
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: de oficio
In a record of court proceedings in Spain, when it comes to the apportionment of the costs, it says "las costas se declaran de oficio". Does this means that the individual referred to does NOT have to pay costs, and
the costs are borne by the State? The query
really is about the meaning of the expression 'de oficio' in this context.
Giles Bickford
United Kingdom
Local time: 01:46
English translation:yes, paid by the State
Explanation:
yes, you are correct. The costs are borne by the State when something is "de oficio", follows the same concept as "abogado de oficio", which is provided by the State. Good luck
Selected response from:

Chutzpahtic (X)
Local time: 01:46
Grading comment
Many thankx
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3by the Court
Michael Powers (PhD)
5 +1(The judge/court)...on its own motion,
JoseAlejandro
4 +2pursuant to law/by operation of law/ ex officio
Ana Brause
4claim ex officio costs
Tatty
4yes, paid by the State
Chutzpahtic (X)
3on the judge´s own initiative
Mercedes L.


Discussion entries: 1





  

Answers


6 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
yes, paid by the State


Explanation:
yes, you are correct. The costs are borne by the State when something is "de oficio", follows the same concept as "abogado de oficio", which is provided by the State. Good luck

Chutzpahtic (X)
Local time: 01:46
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 26
Grading comment
Many thankx
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7 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
by the Court


Explanation:
From my personally glossary (with references), by the Court seems to be most logical in this case:

by virtue of its office; on its own initiative; by trade; officially (lawyer, etc.) // on his/her/ther own motion (West) // by the court; judge on; his own initiative – on own initiative (Mazzucco y Hebe) // of its own motion; by the powers in one invested; by operations of law (Alcaraz and Hughes)

Mike :)

Michael Powers (PhD)
United States
Local time: 20:46
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2034

Peer comments on this answer (and responses from the answerer)
agree  Ana Brause
21 mins
  -> Thank you, Ana - Mike :)

agree  *TRANSCRIPT
37 mins

agree  Andrea Horen
1 hr
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25 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
pursuant to law/by operation of law/ ex officio


Explanation:
Son otras posibilidades (s/Cabanellas)
Es interesante lo que aparece en Alcaraz Varó: de oficio: of one's own motion, own initiative, by virtue of one's office, by the powers in one invested, by operation of law. Ej: La notificación de la demanda la puede hacer de oficio el Sec.del Juzg... this phrase when used of a court or judge, is correlative to a instancia de parte, ex part, at the request of either party, it doesn't mean ex officio.


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Note added at 28 mins (2005-04-28 11:24:21 GMT)
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Aparte de la posibilidad manejada por Michael, quizás otra salida sería: pursuant to law.
Suerte!! :o)

Ana Brause
Local time: 21:46
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 508

Peer comments on this answer (and responses from the answerer)
agree  Flavio Posse: "the costs are plead by operation of law"
1 hr
  -> Thanks Flavio!! :o)

agree  Terejimenez
6 hrs
  -> Thanks Teresa!! :o)
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
claim ex officio costs


Explanation:
These are the court costs (las costas), costs for hearing the case, baliffs fees, compensation for witnesses, expert opinions. All these people must claim their costs in line the office or position they hold which will have more or less established tariffs. (Eg. a translation case goes to court, a translator in the capacity of an expert witness will give their opinion as to the quality of the translation-he must claim and receive the going fee for this duty) There is then the taxation carried out by a civil servant who checks that the costs are reasonable, this is before one of the parties is instructed to pay them. Though the state does not pick up the bill its a relative statement - its like university, you pay a price for your course but it is not a true price, as it is always funded to some extent. I'm not 100% sure just pretty sure. "ex officio costs" gets no hits on google, by virtue of position or by right of office are synonymes. Good luck

Tatty
Local time: 02:46
Native speaker of: Native in EnglishEnglish
PRO pts in category: 55
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
on the judge´s own initiative


Explanation:
my sugg.

Mercedes L.
Argentina
Local time: 21:46
Works in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 38
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4 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
(The judge/court)...on its own motion,


Explanation:
...as opposed to, "a instancia de partes"
This is it!
Soy intérprete judicial en California.

JoseAlejandro
United States
Local time: 17:46
Native speaker of: Native in EnglishEnglish
PRO pts in category: 40

Peer comments on this answer (and responses from the answerer)
agree  Tatty: Do you think you could expand slightly? I would be really interested. And where does the court get the prices from? Sorry to be a pain.
12 mins
  -> You are NOT being a pain....it's totally cool!.....I imagine the prices/costs are set by statute/law.....thanx, Tatty!....any more Q's?...e-mail me!

neutral  Patrick Weill: Thank you!
3000 days
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