firme y no consentida

English translation: final and negatory

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:firme y no consentida
English translation:final and negatory
Entered by: guillen

23:23 Aug 9, 2019
Spanish to English translations [PRO]
Law/Patents - Real Estate / Honduras
Spanish term or phrase: firme y no consentida
"La resolucion emitida por esta Secretaria, en la que resuelve: Declarar sin lugar el reclamo administrativo presentado por XXX, la cual se encuentra firme y no consentida."
guillen
United States
Local time: 16:55
final and negatory
Explanation:
The literal meaning is "final and not granted,"; the trouble is that the source is confusing two subjects here: the resolution and the claim. In other words, it's the resolution that's "firme" and the claim that's "no consentida" (clearly, the resolution cannot be "not granted").

Accordingly, to reproduce what this awkward drafter meant to say, we would have to translate it as something along the lines of "final and negatory," i.e., the administrative resolution finding against (negating) the appellant's claim cannot be appealed (is final).

Obviously you may find better solutions to translate the entire sentence here, but that is the idea, in my opinion.

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Note added at 1 day 19 hrs (2019-08-11 19:16:55 GMT) Post-grading
--------------------------------------------------

Thank you, Guillen, but I appear to have posted out of ignorance. As AdrianMM has suggested, the Spanish is in no way erroneous; "no consentida" does in fact refer to the "resolución", not the "reclamo". See here for some more information:
https://www.proz.com/kudoz/spanish-to-english/law-general/54...
I would like to withdraw this answer if possible, although that would mean asking the moderators to re-open the question. Sorry for any inconvenience, particularly regarding your translation.
Selected response from:

Robert Carter
Mexico
Local time: 17:55
Grading comment
Your explanation was very concise and most helpful. Thank you.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +1unappealable and unconsented to (by the non-acquiescent applicant)
Adrian MM.
3final and negatory
Robert Carter
4 -1which is determined to be final and not approved
Enrique Soria


Discussion entries: 1





  

Answers


41 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
which is determined to be final and not approved


Explanation:
refers to the administrative claim; and yes, the original text is poorly written.

Enrique Soria
Local time: 17:55
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: Your translation is far too vague
14 hrs
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1 day 45 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
Honduras (y) firme y no consentida
unappealable and unconsented to (by the non-acquiescent applicant)


Explanation:
To clarify the no-consent process vs. express consent to the judgment and that may still appear arcane, read: ... *y* la cual (resolución) se encuentra firme y no consentida > a final, binding and automatically unappealable (firme > West) ruling, even without the litigant's consent (may not be any active dissent but ian mplied non-acquiescence).

There appear to be two electoral etc. court-type or *Registry*/ registrar-type Secretaria resolutions' - rulings or, dare I say, adjudications in Honduras/ Belize, namely made with the applicant's, appellant's or Counsel's consent and those without. 'Resoluciones están firmes y consentidas' > they are not only final and bind, but have been consented to (acquiesced in) by the claimants.

Compare a (parties' mutual) consent order or judgement in the UK (in ex-British Belize?).

PS there is IMO nothing wrong with the Spanish.

Example sentence(s):
  • Second weblink: 'Los actos firmes, es decir, aquellos que no hubieren sido recurridos en tiempo y forma o *que hubieren sido consentidos expresamente*....'
  • Que este Tribunal Supremo Electoral en expediente No. 669-2018 dictó la Resolución No.-.., siendo esta una resolución firme y consentida, contra la cual *si bien es cierto*, se interpuso el recurso de reposición en el acto de la notificación...

    Reference: http://www.proz.com/kudoz/spanish-to-english/law-contracts/3...
    Reference: http://www.oas.org/juridico/Spanish/mesicic2_hnd_anexo4.pdf
Adrian MM.
United Kingdom
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 12

Peer comments on this answer (and responses from the answerer)
agree  Robert Carter: I'm not quite sure how this should be translated, but clearly my answer was rash and mistaken, and the asker unfortunately closed the question before I could take it down. It might be helpful if you could post a disagree to my suggestion, Adrian.
18 hrs
  -> Thanks. The scenario reminded me of a consent order in civil cases and consent by an offender e.g. to a CSO - community service or combination order in ENG criminal law. Ergo, a ruling final & binding, on no-consent vs. backed by the appellant's consent.
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23 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
final and negatory


Explanation:
The literal meaning is "final and not granted,"; the trouble is that the source is confusing two subjects here: the resolution and the claim. In other words, it's the resolution that's "firme" and the claim that's "no consentida" (clearly, the resolution cannot be "not granted").

Accordingly, to reproduce what this awkward drafter meant to say, we would have to translate it as something along the lines of "final and negatory," i.e., the administrative resolution finding against (negating) the appellant's claim cannot be appealed (is final).

Obviously you may find better solutions to translate the entire sentence here, but that is the idea, in my opinion.

--------------------------------------------------
Note added at 1 day 19 hrs (2019-08-11 19:16:55 GMT) Post-grading
--------------------------------------------------

Thank you, Guillen, but I appear to have posted out of ignorance. As AdrianMM has suggested, the Spanish is in no way erroneous; "no consentida" does in fact refer to the "resolución", not the "reclamo". See here for some more information:
https://www.proz.com/kudoz/spanish-to-english/law-general/54...
I would like to withdraw this answer if possible, although that would mean asking the moderators to re-open the question. Sorry for any inconvenience, particularly regarding your translation.

Robert Carter
Mexico
Local time: 17:55
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 87
Grading comment
Your explanation was very concise and most helpful. Thank you.

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans
14 hrs
  -> Thank you, Chris, but I now see that my suggestion was premature. I now believe "no consentida" does in fact refer to the decision, not the appeal.

disagree  Adrian MM.: OK. I'll disagree, though the parameters of 'negatory' as a real adjective did appear wide (and vague) enough to me to cover an applicant or appellant 'in denial' of the appeal decision, turning unappealable into a more 'appealing' prospect of challenge.
1 day 19 hrs
  -> Thanks, Adrian, the translation may be vague enough to be a possibility, but my reasoning is unsound. Your answer is clearly more in line with the meaning.
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