constituir hipotecas, prendas u otros derechos reales

English translation: (the party) may mortgage, pledge or grant other property rights

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:constituir hipotecas, prendas u otros derechos reales
English translation:(the party) may mortgage, pledge or grant other property rights
Entered by: Rebecca Jowers

12:45 Jan 8, 2013
Spanish to English translations [PRO]
Law (general)
Spanish term or phrase: constituir hipotecas, prendas u otros derechos reales
Se trata de un contrato social de una sociedad anónima. En el estatuto enumera los tipos de actividades que la sociedad podrá llevar a cabo. En una de sus partes dice lo siguiente: Actividades financieras: podrá constituir hipotecas, prendas u otros derechos reales. ¿Cómo puedo traducir "derechos reales" en este caso? No puedo brindar más contexto, ya que continua enumerando distinto tipo de actividades.
Muchas gracias
Karina Rodriguez
Argentina
Local time: 04:46
(the party) may mortgage, pledge or grant other property rights
Explanation:
This is merely one way of expressing the idea that the party is authorized to mortgage, pledge or otherwise encumber the property by granting other types of rights in it such as usufruct, easements (servidumbres), etc.

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Note added at 2 hrs (2013-01-08 15:07:50 GMT)
--------------------------------------------------

Perhaps it should be noted that the expression "derechos reales" doesn’t necessarily refer to rights in "real property". "Prenda", for example, is a "derecho real de garantía mobiliaria", i.e., a pledge/security interest in personal property (bienes muebles) rather than real property (bienes inmuebles). Thus “derechos reales inmobiliarios” are “rights in real property” (or) “real property rights,” while “derechos reales mobiliarios” are “rights in personal property” (or) “personal property rights.” Likewise “cosa” (the Latin “res”) may refer equally to real property (“cosas inmuebles”) and personal property (“cosas muebles”).

A standard classification:

Derechos reales inmobiliarios—servidumbres, habitación, anticresis, enfiteusis, derecho de superficie

Derechos reales mobiliarios—prenda

Derechos reales que pueden recaer sobre bienes muebles o inmuebles—propiedad, usufructo, uso, hipoteca

In other respects, in English, “rights in rem” are “rights exercisable against the world at large” (Black’s) and are also called “real rights,” but aren’t necessarily “real property rights” or “rights in real property.”


--------------------------------------------------
Note added at 4 hrs (2013-01-08 17:37:20 GMT)
--------------------------------------------------

In response to Bilh’s comment:

Hi Bill,

I think you may be confusing property (“propiedad”) which as you mention is not referred to here and “derechos reales” which are “rights in property” or “property rights,” two of which (hipoteca and prenda) are indeed the subject of the text to be translated.

If you will reread my comment you will see that I did not indicate that “rights in rem” is an inappropriate translation for “derechos reales.” My comment referred to Andy’s observation that the text concerns “rights over REAL PROPERTY”, and this is inaccurate, since the text mentions both “hipoteca” (a right in real property—bienes inmuebles) and “prenda” (a right in personal property—bienes muebles). And as the classification that I provided shows, in Spanish the expression “derechos reales” includes both “derechos reales inmobiliarios” (= rights in real property) and “derechos reales mobiliarios” (= rights in personal property). One may indeed consider these “rights in rem” because they are rights that are “exercisable against the world at large”, which is the definition of “rights in rem” as opposed to in personam rights that are interests solely protected against specific individuals. But in my experience (and as was the case here) “rights in rem” are often confused with “real property rights”, so it may be preferable (and is certainly accurate) to translate “derechos reales” simply as “property rights” or “rights in property” when the expression includes, as in this text, both real and personal property rights.

My source for the above is:

Carlos Lasarte. "Principios de Derecho Civil, Vol. V--Derechos Reales y Derecho Hipotecario." Madrid: Marcial Pons, 2002.


--------------------------------------------------
Note added at 5 hrs (2013-01-08 18:40:17 GMT)
--------------------------------------------------

An additional comment for Billh:

There is probably no expression that is more universally recognized than “property rights” (here or elsewhere)! But “rights in rem” is certainly ok. What is not ok are the dictionaries that translate “derechos reales” as “real property rights” which probably started this mess in the first place. When translating patently civil law concepts, I avoid trying to force them to “fit” American or British legal terminology if I think the US or E/W terms will prompt a miscue. “Derechos reales” has been translated so many times as “rights in rem” or “real rights” along side the incorrect rendering of “real estate” or “realty” that I think many translators assume that “rights in rem” means rights in real property. For that reason I prefer the simple “property rights”.

Here are two prime examples:

1) Alcaraz Varó/Hughes “Diccionario de Términos Jurídicos”: derecho real = “legal interest; real right or interest; property right; realty; real estate” The definition was correct until they got to the “realty; real estate” part. To be fair, the last edition of this dictionary that I bought is from 2005, so this may have been corrected in the many editions since then.

2) Cabanellas/Hoague “Diccionario Jurídico Español-Inglés”: derecho real = “law regulating rights over real property; in rem right; right pertaining to tangible property.” This is incorrect on two counts. “rights over real property” are “derechos reales INMOBILIARIOS” and “derechos reales” may “certainly pertain to intangible property”. Two very common “derechos reales sobre bienes intangibles” that immediately come to mind are “usufructo de acciones” y “usufructo de patentes (o) marcas”.

Here is an example of a dictionary that got it right:

Thomas L West, III “Spanish-English Dictionary of Law and Business” derecho real = “right in rem; interest in property (both real property and personal property—examples include “propiedad” (ownership), “usufructo” (life estate) and servidumbre (easement)).” (the only incorrection here is defining “usufructo” as a “life estate” since usufructo can certainly be granted for a term of years and thus “life estate” would perhaps be a more appropriate definition for “usufructo vitalicio”.


--------------------------------------------------
Note added at 6 hrs (2013-01-08 19:01:13 GMT)
--------------------------------------------------

An additional comment for Billh:

There is probably no expression that is more universally recognized than “property rights” (here or elsewhere)! But “rights in rem” is certainly ok. What is not ok are the dictionaries that translate “derechos reales” as “real property rights” which probably started this mess in the first place. When translating patently civil law concepts, I avoid trying to make them “fit” American or British legal terms if I think the US or E/W terms will prompt a miscue. “Derechos reales” has been translated so many times as “rights in rem” or “real rights” along side the incorrect rendering of “real estate” or “realty” that I think many translators assume that “rights in rem” only include rights in real property. For that reason I prefer the simple “property rights”.

Here are two prime examples:

1) Alcaraz Varó/Hughes “Diccionario de Términos Jurídicos”: derecho real = “legal interest; real right or interest; property right; realty; real estate” The definition was correct until they got to the “realty; real estate” part. To be fair, the last edition of this dictionary that I bought is from 2005, so this may have been corrected since then.

2) Cabanellas/Hoague “Diccionario Jurídico Español-Inglés”: derecho real = “law regulating rights over real property; in rem right; right pertaining to tangible property.” This is incorrect on two counts. “rights over real property” are “derechos reales INMOBILIARIOS” and “derechos reales” may “certainly pertain to intangible property” Two very common “derechos reales sobre bienes intangibles” that immediately come to mind “usufructo de acciones” y “usufructo de patentes (o) marcas”.

Here is an example of a dictionary that got it right:

Thomas L West, III “Spanish-English Dictionary of Law and Business” derecho real = “right in rem; interest in property (both real property and personal property—examples include “propiedad” (ownership), “usufructo” (life estate) and servidumbre (easement)).” (the only incorrection here is defining “usufructo” as a “life estate” since usufructo can certainly be granted for a term of years and. “Life estate” would be more appropriate as a definition for “usufructo vitalicio”.
Selected response from:

Rebecca Jowers
Spain
Local time: 09:46
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +5(the party) may mortgage, pledge or grant other property rights
Rebecca Jowers
4 +2rights in rem
Andy Watkinson


Discussion entries: 6





  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
rights in rem


Explanation:
This is a common way of expressing this.

i.e. they are rights over "real property" (res, Latin, literally "the thing")

Andy Watkinson
Spain
Local time: 09:46
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 143

Peer comments on this answer (and responses from the answerer)
neutral  Rebecca Jowers: Hi Andy. I will post a note about "derechos reales" above for lack of space here.
1 hr
  -> Thanks. Your explanations are more than welcome

agree  Billh: This is absolutely correct.// of course it can apply to personal property, a chattel mortgage for example. But rights in rem, or real rights, is the correct term here.
2 hrs
  -> Actually, Rebecca is right to point out that it doesn't necessarily refer to "real property" - can also be personal.

agree  Adrian MM. (X): rights in rem include maritime liens against vessels and are not only land rights
8 hrs
  -> Much appreciated, but I'm afraid I'm unable to unravel all the technicalties involved
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 5/5 peer agreement (net): +5
(the party) may mortgage, pledge or grant other property rights


Explanation:
This is merely one way of expressing the idea that the party is authorized to mortgage, pledge or otherwise encumber the property by granting other types of rights in it such as usufruct, easements (servidumbres), etc.

--------------------------------------------------
Note added at 2 hrs (2013-01-08 15:07:50 GMT)
--------------------------------------------------

Perhaps it should be noted that the expression "derechos reales" doesn’t necessarily refer to rights in "real property". "Prenda", for example, is a "derecho real de garantía mobiliaria", i.e., a pledge/security interest in personal property (bienes muebles) rather than real property (bienes inmuebles). Thus “derechos reales inmobiliarios” are “rights in real property” (or) “real property rights,” while “derechos reales mobiliarios” are “rights in personal property” (or) “personal property rights.” Likewise “cosa” (the Latin “res”) may refer equally to real property (“cosas inmuebles”) and personal property (“cosas muebles”).

A standard classification:

Derechos reales inmobiliarios—servidumbres, habitación, anticresis, enfiteusis, derecho de superficie

Derechos reales mobiliarios—prenda

Derechos reales que pueden recaer sobre bienes muebles o inmuebles—propiedad, usufructo, uso, hipoteca

In other respects, in English, “rights in rem” are “rights exercisable against the world at large” (Black’s) and are also called “real rights,” but aren’t necessarily “real property rights” or “rights in real property.”


--------------------------------------------------
Note added at 4 hrs (2013-01-08 17:37:20 GMT)
--------------------------------------------------

In response to Bilh’s comment:

Hi Bill,

I think you may be confusing property (“propiedad”) which as you mention is not referred to here and “derechos reales” which are “rights in property” or “property rights,” two of which (hipoteca and prenda) are indeed the subject of the text to be translated.

If you will reread my comment you will see that I did not indicate that “rights in rem” is an inappropriate translation for “derechos reales.” My comment referred to Andy’s observation that the text concerns “rights over REAL PROPERTY”, and this is inaccurate, since the text mentions both “hipoteca” (a right in real property—bienes inmuebles) and “prenda” (a right in personal property—bienes muebles). And as the classification that I provided shows, in Spanish the expression “derechos reales” includes both “derechos reales inmobiliarios” (= rights in real property) and “derechos reales mobiliarios” (= rights in personal property). One may indeed consider these “rights in rem” because they are rights that are “exercisable against the world at large”, which is the definition of “rights in rem” as opposed to in personam rights that are interests solely protected against specific individuals. But in my experience (and as was the case here) “rights in rem” are often confused with “real property rights”, so it may be preferable (and is certainly accurate) to translate “derechos reales” simply as “property rights” or “rights in property” when the expression includes, as in this text, both real and personal property rights.

My source for the above is:

Carlos Lasarte. "Principios de Derecho Civil, Vol. V--Derechos Reales y Derecho Hipotecario." Madrid: Marcial Pons, 2002.


--------------------------------------------------
Note added at 5 hrs (2013-01-08 18:40:17 GMT)
--------------------------------------------------

An additional comment for Billh:

There is probably no expression that is more universally recognized than “property rights” (here or elsewhere)! But “rights in rem” is certainly ok. What is not ok are the dictionaries that translate “derechos reales” as “real property rights” which probably started this mess in the first place. When translating patently civil law concepts, I avoid trying to force them to “fit” American or British legal terminology if I think the US or E/W terms will prompt a miscue. “Derechos reales” has been translated so many times as “rights in rem” or “real rights” along side the incorrect rendering of “real estate” or “realty” that I think many translators assume that “rights in rem” means rights in real property. For that reason I prefer the simple “property rights”.

Here are two prime examples:

1) Alcaraz Varó/Hughes “Diccionario de Términos Jurídicos”: derecho real = “legal interest; real right or interest; property right; realty; real estate” The definition was correct until they got to the “realty; real estate” part. To be fair, the last edition of this dictionary that I bought is from 2005, so this may have been corrected in the many editions since then.

2) Cabanellas/Hoague “Diccionario Jurídico Español-Inglés”: derecho real = “law regulating rights over real property; in rem right; right pertaining to tangible property.” This is incorrect on two counts. “rights over real property” are “derechos reales INMOBILIARIOS” and “derechos reales” may “certainly pertain to intangible property”. Two very common “derechos reales sobre bienes intangibles” that immediately come to mind are “usufructo de acciones” y “usufructo de patentes (o) marcas”.

Here is an example of a dictionary that got it right:

Thomas L West, III “Spanish-English Dictionary of Law and Business” derecho real = “right in rem; interest in property (both real property and personal property—examples include “propiedad” (ownership), “usufructo” (life estate) and servidumbre (easement)).” (the only incorrection here is defining “usufructo” as a “life estate” since usufructo can certainly be granted for a term of years and thus “life estate” would perhaps be a more appropriate definition for “usufructo vitalicio”.


--------------------------------------------------
Note added at 6 hrs (2013-01-08 19:01:13 GMT)
--------------------------------------------------

An additional comment for Billh:

There is probably no expression that is more universally recognized than “property rights” (here or elsewhere)! But “rights in rem” is certainly ok. What is not ok are the dictionaries that translate “derechos reales” as “real property rights” which probably started this mess in the first place. When translating patently civil law concepts, I avoid trying to make them “fit” American or British legal terms if I think the US or E/W terms will prompt a miscue. “Derechos reales” has been translated so many times as “rights in rem” or “real rights” along side the incorrect rendering of “real estate” or “realty” that I think many translators assume that “rights in rem” only include rights in real property. For that reason I prefer the simple “property rights”.

Here are two prime examples:

1) Alcaraz Varó/Hughes “Diccionario de Términos Jurídicos”: derecho real = “legal interest; real right or interest; property right; realty; real estate” The definition was correct until they got to the “realty; real estate” part. To be fair, the last edition of this dictionary that I bought is from 2005, so this may have been corrected since then.

2) Cabanellas/Hoague “Diccionario Jurídico Español-Inglés”: derecho real = “law regulating rights over real property; in rem right; right pertaining to tangible property.” This is incorrect on two counts. “rights over real property” are “derechos reales INMOBILIARIOS” and “derechos reales” may “certainly pertain to intangible property” Two very common “derechos reales sobre bienes intangibles” that immediately come to mind “usufructo de acciones” y “usufructo de patentes (o) marcas”.

Here is an example of a dictionary that got it right:

Thomas L West, III “Spanish-English Dictionary of Law and Business” derecho real = “right in rem; interest in property (both real property and personal property—examples include “propiedad” (ownership), “usufructo” (life estate) and servidumbre (easement)).” (the only incorrection here is defining “usufructo” as a “life estate” since usufructo can certainly be granted for a term of years and. “Life estate” would be more appropriate as a definition for “usufructo vitalicio”.


Rebecca Jowers
Spain
Local time: 09:46
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2210
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  jacana54 (X)
11 mins
  -> Gracias Lu

agree  claudia bagnardi: I agree, Rebecca.
11 mins
  -> Gracias Claudia

agree  Andy Watkinson: Another answer of yours I'll "steal", (with your permission, I hope). ;-)
2 hrs
  -> Thanks Andy

agree  Alistair Ian Spearing Ortiz
2 hrs
  -> Thanks Alistair

disagree  Billh: rights in rem is correct here. There is no reference to any 'property'. // 'property rights' is not a universally recognized term here - see http://indylaw.indiana.edu/instructors/cole/web page/meaning... See. Disc. Comment
2 hrs
  -> No, indeed, as indicated in my answer and explanation, the reference here is not to "property," but rather to "property RIGHTS" or "rights in property" (in Spanish, "derechos reales".)//See my additional comment

agree  Edward Tully
12 days
  -> Thanks Edward

agree  Seth Phillips
460 days
  -> Thanks Seth
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