Siendo la part demandada D. /Da XXXX representada por el procurador XXXXX y de

01:25 Jan 21, 2005
Spanish to English translations [PRO]
Law/Patents - Law (general) / Divorce law
Spanish term or phrase: Siendo la part demandada D. /Da XXXX representada por el procurador XXXXX y de
En una sentencia de divoricio. Creo que entiendo bien, pero tengo mis dudas.

sendo la part demandada D. /Da XXXX representada por el procurador XXXXX y defendido por el Letrado D. XXXXX, habiendo sido parte el Ministerio Fiscal.
PAUL SMIT
Australia
Local time: 10:38


Summary of answers provided
4 +1the respondent Mr./Ms. xxx having Mr. xxx as his mandatory court representative
Rebecca Jowers
5The respondent, Mr./Ms. XXXX, being represented by the attorney YYY
John Rynne


Discussion entries: 2





  

Answers


6 hrs   confidence: Answerer confidence 5/5
The respondent, Mr./Ms. XXXX, being represented by the attorney YYY


Explanation:
Unless of course there ought to be a comma after "Da. XXX", in which case it would be
"The respondent being Mr./Ms. XXXX, who is represented by the attorney YYY

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Note added at 6 hrs 24 mins (2005-01-21 07:50:17 GMT)
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the bit about the public prosecutor is not clear - it appears to say that the public prosecutor was a party to the case (i.e. he/she sued for divorce??¿)

John Rynne
Local time: 02:38
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 304
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7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
the respondent Mr./Ms. xxx having Mr. xxx as his mandatory court representative


Explanation:
"mandatory court representative" or "mandatory representative in court"

I think it is important here not to confuse a party's "procurador" with his lawyer ("abogado"). In most legal proceedings in Spain it is mandatory that parties be represented by BOTH an "abogado" (lawyer/attorney) AND a "procurador", a law graduate who has passed an exam to become a procurador and whose job it is to represent (not defend) his client at the court (not in court) and serve as a liason between the lawyer and the court, filing papers, checking up on the status of the case, etc. Thus, although a procurador is a lawyer in the sense that he holds a law degree, in legal proceedings he has a specific role that is totally separate from that of the abogado. (The Bosch Diccionario de Derecho defines the procurador as a person who "asume la función de representar a la parte, y ...colabora y presta auxilio al abogado en la recepción y entrega de escritos ante los órganos jurisdiccionales.") In view of the above I do not believe procurador can be translated either as lawyer/attorney/solicitor/barrister as it is mistakenly translated in many bilingual legal dictionaries, or as "prosecutor" which is "fiscal." (And I personally have it on my list of the Top 40 most mis-translated words in Legal Spanish.) There is much confusion surrounding this term precisely because there is (that I know of) no equivalent in any Anglo-American legal system, so a term has to be coined or the translator has to explain the procurador's real functions in a footnote. (In Scotland, there is something called a "procurator fiscal", an officer of the sheriff court who carries out preliminary criminal investigations, takes statements from witnesses, etc., but that's another story.) Additional confusion may likewise arise since in some jurisdictions (Mexico and Argentina, I believe) "procurador" does indeed mean "prosecutor" (i.e., "fiscal" in Spain). This distinction is underscored in Thomas West's Spanish-English Dictionary of Law and Business (p. 188) in which he includes both definitions. The real problem is trying to find a good translation of "procurador". I suggest "mandatory representative in court" but I would appreciate any additional (less-wordy!) suggestions that actually reflect the definition of procurador and distinguish him from the abogado. In other respects, "habiendo sido parte el Ministerio Fiscal" ("proceedings in which the public prosecutor was likewise a party") makes good sense here because these are divorce proceedings and in divorce proceedings in Spain if minor children are involved, the public prosecution service (Ministerio Fiscal) is always an ex officio party to the proceedings to represent the interests of the minors in question. Thus, the complete phrase as shown might be translated "the respondent Mr./Ms. xxx being represented by xxx (or having as his/her mandatory court representative Mr. xxx) and being defended by his/her attorney Mr. xxx, in proceedings to which the public prosecutor was likewise a party."



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Note added at 11 hrs 1 min (2005-01-21 12:27:00 GMT)
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sorry about the typo (liaison)

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Note added at 1 day 6 hrs 10 mins (2005-01-22 07:35:39 GMT)
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I\'ve had time to check and it appears that in Argentina a procurador plays much the same role as in Spain, while in Mexico \"procurador\" is \"fiscal.\"

Rebecca Jowers
Spain
Local time: 02:38
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2210

Peer comments on this answer (and responses from the answerer)
agree  Claudia Martel
629 days
  -> Gracias Claudia!
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