desistir del amparo

English translation: to abandon/withdraw from amparo proceedings

17:07 Jan 21, 2015
Spanish to English translations [PRO]
Science - Law (general)
Spanish term or phrase: desistir del amparo
This is from a Mexican Articles of Incorporation for a non-profit.

"El órgano directivo queda expresamente facultado para desistirse, transigir, comprometer en árbitros, absolver y articular posiciones, hacer cesión de bienes, recusar, recibir pagos, formular denuncias y querellas penales, constituirse en coadyuvante del ministerio publico y **desistir del amparo**."

Many thanks.
patyjs
Mexico
Local time: 02:41
English translation:to abandon/withdraw from amparo proceedings
Explanation:
A possible option: given that there is no real counterpart in common law jurisdictions, it is more and more common not to translate "recurso de amparo", as is often the case with "recursos de casación" (often likewise rendered as "cassation appeals").

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Note added at 56 mins (2015-01-21 18:04:09 GMT)
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To add a comment, I agree with Henry that a note about what a Mexican "amparo" appeal is would certainly be warranted, but I do not think this refers to "dismissing" it. Judges dismiss proceedings. The parties abandon or withdraw from proceedings (i.e., "desistir"). Patyjs's text is from a Mexican non-profit's articles of incorporation setting forth the powers of the entity's management body (órgano directivo). I believe the articles are granting the directors the power to abandon or withdraw from any "amparos" they may have filed. I don't think any judicial dismissal is involved here. Only a court could dismiss an "amparo".

--------------------------------------------------
Note added at 1 hr (2015-01-21 18:13:06 GMT)
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More info:

The standard Spanish definition of "desistimiento" is: "declaración del actor abandonando el proceso, sin que ello suponga renuncia a la acción" (= plaintiff's abandonment of the suit without waiving the right to bring a future action).

In Spanish civil procedure (and I assume Mexican is similar) once a plaintiff has abandoned or withdrawn from a suit ("desistido"), then the judge dismisses the case by issuing an "auto de sobreseimiento que deja imprejuzgado el fondo" (an order dismissing the case without a ruling on the merits), which is tantamount to a "dismissal without prejudice" in US civil procedure.

--------------------------------------------------
Note added at 3 hrs (2015-01-21 20:53:30 GMT)
--------------------------------------------------

(an additional reference)

Here is a definition of “desistimiento” as used in Mexican legal terminology in relation to civil complaints (“demandas”), terminology that would also be appropriate with respect to “amparo” appeals.

desistimiento—“literally, withdrawal of the complaint; conceptually, withdrawal without prejudice; in rules of civil procedure, abandonment or discontinuance of a court case at the request of the plaintiff without prejudice to a future filing of the same or similar complaint”

Source: Javier F. Becerra. “Diccionario de terminología jurídica mexicana.” México, D.F.: Escuela Libre de Derecho, 2011, p. 409.
Selected response from:

Rebecca Jowers
Spain
Local time: 09:41
Grading comment
I finally went with this answer. Interesting contributions. Thank you.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +5to abandon/withdraw from amparo proceedings
Rebecca Jowers
5 +1dismiss amparos*
Henry Hinds
4to waive immunity
Kieran Mc Kenna
Summary of reference entries provided
discontinuance vs dismissal
AllegroTrans

  

Answers


6 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
dismiss amparos*


Explanation:
With "amparo" you need to leave a note: *T.N. - amparo = a very powerful provision unique to Mexican law that provides protection from acts by authorities. There is no precise equivalent for this term in English.

It is "unique" in the sense that it does not exist as such in USA law, though there can be similar provisions in other Spanish-speaking countries.

This is how I always do it, and quite often. The phrase is very common in such documents.

Henry Hinds
United States
Local time: 01:41
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 5063

Peer comments on this answer (and responses from the answerer)
neutral  Rebecca Jowers: Hi Henry, I don't think this involves dismissing an "amparo". I'll post a note.
41 mins
  -> It definitely does involve that.

neutral  AllegroTrans: I don't see how a company has the power to dismiss proceedings, surely only the Court can do that?// the term is "discontinue" - "dismissal" is a word reserved to the Court. Sometimes this can only be on conditions imposed by the court
1 hr
  -> Any party that who files a suit can also dismiss it, it is actually done by the court but the verb is also applicable to the party as a subject. Sorry, but the way I say it is used all the time and it is correct.

agree  Adrian MM. (X): if dismiss is used in the AmE litigant-option sense. Doesn't work in BrE, as confused Allegro. Desistir de: dismiss is also an entry in Tom West III's ES>AmE Dictionary of Law & Business.//And Robin L. in Chile accused me of being 'Anglocentric as usual'!
13 hrs
  -> Gracias, Adrian. Good support.
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18 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
to waive immunity


Explanation:
To waive immunity or judicial protection

Kieran Mc Kenna
Spain
Local time: 09:41
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 30

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: where is the concept of "immunity" in the ST?
1 hr
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6 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +5
to abandon/withdraw from amparo proceedings


Explanation:
A possible option: given that there is no real counterpart in common law jurisdictions, it is more and more common not to translate "recurso de amparo", as is often the case with "recursos de casación" (often likewise rendered as "cassation appeals").

--------------------------------------------------
Note added at 56 mins (2015-01-21 18:04:09 GMT)
--------------------------------------------------

To add a comment, I agree with Henry that a note about what a Mexican "amparo" appeal is would certainly be warranted, but I do not think this refers to "dismissing" it. Judges dismiss proceedings. The parties abandon or withdraw from proceedings (i.e., "desistir"). Patyjs's text is from a Mexican non-profit's articles of incorporation setting forth the powers of the entity's management body (órgano directivo). I believe the articles are granting the directors the power to abandon or withdraw from any "amparos" they may have filed. I don't think any judicial dismissal is involved here. Only a court could dismiss an "amparo".

--------------------------------------------------
Note added at 1 hr (2015-01-21 18:13:06 GMT)
--------------------------------------------------

More info:

The standard Spanish definition of "desistimiento" is: "declaración del actor abandonando el proceso, sin que ello suponga renuncia a la acción" (= plaintiff's abandonment of the suit without waiving the right to bring a future action).

In Spanish civil procedure (and I assume Mexican is similar) once a plaintiff has abandoned or withdrawn from a suit ("desistido"), then the judge dismisses the case by issuing an "auto de sobreseimiento que deja imprejuzgado el fondo" (an order dismissing the case without a ruling on the merits), which is tantamount to a "dismissal without prejudice" in US civil procedure.

--------------------------------------------------
Note added at 3 hrs (2015-01-21 20:53:30 GMT)
--------------------------------------------------

(an additional reference)

Here is a definition of “desistimiento” as used in Mexican legal terminology in relation to civil complaints (“demandas”), terminology that would also be appropriate with respect to “amparo” appeals.

desistimiento—“literally, withdrawal of the complaint; conceptually, withdrawal without prejudice; in rules of civil procedure, abandonment or discontinuance of a court case at the request of the plaintiff without prejudice to a future filing of the same or similar complaint”

Source: Javier F. Becerra. “Diccionario de terminología jurídica mexicana.” México, D.F.: Escuela Libre de Derecho, 2011, p. 409.


Rebecca Jowers
Spain
Local time: 09:41
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2210
Grading comment
I finally went with this answer. Interesting contributions. Thank you.

Peer comments on this answer (and responses from the answerer)
agree  Billh
48 mins
  -> Thanks Billh

agree  AllegroTrans: "discontinue" is the standard expression
1 hr
  -> Thanks AllegroTrans // in effect, "discontinuance" is used in many jurisdictions

agree  Yvonne Gallagher: well argued
1 hr
  -> Thanks for your kind words.

agree  jacana54 (X): Excelente razonamiento y explicación!
16 hrs
  -> Thanks jacana54

agree  Anna Heath
16 hrs
  -> Thanks Anna

neutral  Adrian MM. (X): as mentioned, dismissal in the US is a remedy or relief available to a litigant cf. the entry of desistir de in Tom West III's dictionary of business and law you are credited with revising!
16 hrs
  -> Thanks for the comment Adrian. This may be a US v. UK thing. And I can't take credit for "revising" Tom's excellent dictionary, although we have had many hours of legal terminology exchanges over several years.
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Reference comments


2 hrs
Reference: discontinuance vs dismissal

Reference information:
These are 2 different concepts. What follows is from UK, but the distinction is, as far as I am aware, the same throughout EN-spkg jurisdictions.

How many bites at the cherry will the court allow? Discontinuance and dismissal

Discontinuance is governed by Part 38 of the Civil Procedure Rules. All that is required in most cases is for the claimant to file and serve a notice of discontinuance (although in certain circumstances the court’s permission is required). The general rule is that a claimant discontinuing its claim is liable to pay the other side’s costs although the court has discretion to make an order in different terms.

Part 38.7 provides:

“A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if-
(a) he discontinued the claim after the defendant filed a defence; and
(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.”

A recent case has highlighted that permission of the court to bring a fresh claim following an earlier discontinuance might not easily be given and it also considered the inter-relationship between an application for permission under Part 38.7 to start a fresh claim following discontinuance and an application to strike out a second claim under Part 3.4(2)(b) (on the basis that the proceedings were an attempt to litigate issues which had already been decided by the court - often referred to as Henderson v Henderson abuse of process).

AllegroTrans
United Kingdom
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1484

Peer comments on this reference comment (and responses from the reference poster)
neutral  Adrian MM. (X): Beware! Dismissal in the US is available to a litigant.
11 hrs
  -> Thank you, but we don't know whether asker expects US or UK-Commonwealth English terminology here
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