Feb 24, 2003 12:26
21 yrs ago
44 viewers *
Spanish term
Fraude de Ley
Spanish to English
Law/Patents
defined as "Los actos realizados al amparo del texto de una normal que persigan un resultado prohibido por el ordenamiento jurídico, o contrario a él, se considerarán ejecutados en fraude de ley y no impedirán la debida aplicación de la norma que se hubiere tratado de eludir" (Spanish Civil Code, 6.4)
I initially put 'legal fraud', but, as Jane Lamb-Ruiz points out, that it a bit of an oxymoron! Alcaraz Varó only offers abuse of the process of the court, but this is obviously a different concept.
I initially put 'legal fraud', but, as Jane Lamb-Ruiz points out, that it a bit of an oxymoron! Alcaraz Varó only offers abuse of the process of the court, but this is obviously a different concept.
Proposed translations
(English)
| 5 +2 | Fraud |
Jane Lamb-Ruiz (X)
|
| 5 +2 | legal fraud |
Parrot
|
| 5 +1 | legal fraud |
Gordana Podvezanec
|
| 5 +1 | violation of law |
Pasquale Monteleone
|
| 5 +1 | supporting information |
cmwilliams (X)
|
| 4 | in conflict of laws |
Marian Greenfield
|
| 2 | evasion of (the) law |
Katherine Matles
|
Proposed translations
+2
9 mins
Selected
Fraud
The term is just fraud, which by definition, means there is a law one is going against, if there isn't a law against something, it can't be fraud, right?
But it's not legal fraud...that does not exist. In English, the law idea is embodied in the concept fraud....Fraud versus fraudulent acts or acts of fraud
:)
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Note added at 2003-02-24 12:41:00 (GMT)
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Los actos realizados al amparo del texto de una normal que persigan un resultado prohibido por el ordenamiento jurídico=says exactly what I said,
the actos are al amparo del texto; so the law exists and if you act against it, you are committing, plain of FRAUD
cheers
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Note added at 2003-02-24 12:50:16 (GMT)
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YOur definition defines the
Fraud
Fraudulent Acts are ones committed within the scope of the law that pursue a purpose prohibited by judicial statutes.
Note: the way the Spanish is written is how I have translated it but I daresay what was meant was:
Fraudulent Acts are ones committed within the scope of the law and are ones that pursue a purpose prohibited by judicial statutes.
But it's not legal fraud...that does not exist. In English, the law idea is embodied in the concept fraud....Fraud versus fraudulent acts or acts of fraud
:)
--------------------------------------------------
Note added at 2003-02-24 12:41:00 (GMT)
--------------------------------------------------
Los actos realizados al amparo del texto de una normal que persigan un resultado prohibido por el ordenamiento jurídico=says exactly what I said,
the actos are al amparo del texto; so the law exists and if you act against it, you are committing, plain of FRAUD
cheers
--------------------------------------------------
Note added at 2003-02-24 12:50:16 (GMT)
--------------------------------------------------
YOur definition defines the
Fraud
Fraudulent Acts are ones committed within the scope of the law that pursue a purpose prohibited by judicial statutes.
Note: the way the Spanish is written is how I have translated it but I daresay what was meant was:
Fraudulent Acts are ones committed within the scope of the law and are ones that pursue a purpose prohibited by judicial statutes.
4 KudoZ points awarded for this answer.
Comment: "Graded automatically based on peer agreement. KudoZ."
+1
6 mins
Gordana Podvezanec
Croatia
Croatia
Croatia
A new job is a new challenge!
Native in: Croatian 
, Slovenian 
Works in: German to Croatian, English to Croatian, Croatian to English, and 25 more.
Related KudoZ points
:
149
legal fraud
law fraud
legal fraud
legal fraud
Peer comment(s):
| agree |
cmwilliams (X)
28 mins
|
|
thank you
|
+1
9 mins
Pasquale Monteleone
Native in: Italian
Works in: English to Italian, Spanish to English, Italian to English, and 4 more.
Related KudoZ points
:
34
violation of law
could be another interpretation, based on the sites referring to the preparation of texts and following evaluation.
12 mins
Marian Greenfield
Native in English
Over 30 years in financial translation
Native in: English
Works in: Spanish to English, Portuguese to English, English
Related KudoZ points
:
14621
in conflict of laws
that's what Becerra gives for fraude a la ley and I think this is the same concept... <the use of alternative legal means to achieve a result intended by another law or laws to be prohibited>
12 mins
Katherine Matles
Spain
Spain
Native in English
Spain
Financial and Legal Translator
Native in: English
Works in: Spanish to English, English, English to Spanish
Related KudoZ points
:
867
evasion of (the) law
I've seen this translated as "evasion of (the) law" but I'm not sure it fit this context
+2
17 mins
legal fraud
exists and is not an oxymoron (know this from Dad). Please search for "legal fraud" in the glossary below.
+1
34 mins
supporting information
This is additional information supporting the answers given by Gordana and Parrot.
According to my Oxford Dictionary of Law, legal fraud is the same as constructive fraud and the following definition is given:
Any of certain forms of unintentional
deception or misrepresentation. The concept is applied by equity to those cases in which the courts will not enforce or will set aside certain transactions (eg contracts) because it is considered unfair for a person to insist on the transaction being completed. This unfairness may be inferred from the terms of the transaction (when these are such that no person with proper advice would have entered the transaction) or from the relationship of the parties (for example, that of solicitor and client).
According to my Oxford Dictionary of Law, legal fraud is the same as constructive fraud and the following definition is given:
Any of certain forms of unintentional
deception or misrepresentation. The concept is applied by equity to those cases in which the courts will not enforce or will set aside certain transactions (eg contracts) because it is considered unfair for a person to insist on the transaction being completed. This unfairness may be inferred from the terms of the transaction (when these are such that no person with proper advice would have entered the transaction) or from the relationship of the parties (for example, that of solicitor and client).
Peer comment(s):
| agree |
Jane Lamb-Ruiz (X)
: you are right, but it still sounds weird to me! :)
8 mins
|
|
I agree!
|
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