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deposito mercantil

English translation: bailment

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:depósito mercantil
English translation:bailment
Entered by: Alejandra Villarroel
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01:44 Jan 17, 2002
Spanish to English translations [PRO]
Bus/Financial / Detalles en un fallo judicial
Spanish term or phrase: deposito mercantil
... que en derecho, la naturaleza jurídica del contrato celebrado por XXXX es la de un depósito mercantil, regido por ende por los artículos 807 y siguientes del Código de Comercio...
Alejandra Villarroel
Chile
Local time: 07:28
bailment
Explanation:
3.- El contrato de depósito, de acuerdo a lo dispuesto por el artículo 2.215 del Código Civil es un contrato en que una de las partes entrega a la otra una cosa corporal y mueble para que la guarde y restituya en especie a voluntad del depositante.

Por su parte el depósito mercantil, según lo prescrito en el artículo 807 y siguientes, del Código de Comercio, se encuentra subordinado a las normas del mandato comercial o comisión.

http://www.sii.cl/pagina/jurisprudencia/adminis/2001/ventas/...

BAILMENT - A legal relationship created when a person gives property to someone else for safekeeping. To create a bailment the other party must knowingly have exclusive control over the property. The receiver must use reasonable care to protect the property.

This word is derived from the French, bailler, to deliver. It is a compendious expression, to signify a contract resulting from delivery. It has been defined to be a delivery of goods on a condition, express or implied, that they shall be restored by the bailee to the bailor, or according to his directions, as soon as the purposes for which they are bailed shall be answered. Or it is a delivery of goods in trust, on a contract either expressed or implied, that the trust shall be duly executed, and the goods redelivered, as soon as the time or use for which they were bailed shall have elapsed or be performed.

Each of these definitions, says Judge Story, seems redundant and inaccurate if it be the proper office of a definition to include those things only which belong to the genus or class. Both these definitions suppose that the goods are to be restored or redelivered; but in a bailment for sale, as upon a consignment to a factor, no redelivery is contemplated between the parties. In some cases, no use is contemplated by the bailee, in others, it is of the essence of the contract: in some cases time is material to terminAte the contract; in others, time is necessary to give a new accessorial right.

Mr. Justice Blackstone has defined a bailment to be a delivery of goods in trust, upon contract, either expressed or implied, that the trust shall be faithfully executed on the part of the bailee. And in another place, as the delivery of goods to another person for a particular use.

Mr. Justice Story says, that a bailment is a delivery of a thing in trust for some special object or purpose, and upon a contract, express or implied, to conform to the object or purpose of the trust.

BAILMENT - A legal relationship created when a person gives property to someone else for safekeeping. To create a bailment the other party must knowingly have exclusive control over the property. The receiver must use reasonable care to protect the property.

This word is derived from the French, bailler, to deliver. It is a compendious expression, to signify a contract resulting from delivery. It has been defined to be a delivery of goods on a condition, express or implied, that they shall be restored by the bailee to the bailor, or according to his directions, as soon as the purposes for which they are bailed shall be answered. Or it is a delivery of goods in trust, on a contract either expressed or implied, that the trust shall be duly executed, and the goods redelivered, as soon as the time or use for which they were bailed shall have elapsed or be performed.

Each of these definitions, says Judge Story, seems redundant and inaccurate if it be the proper office of a definition to include those things only which belong to the genus or class. Both these definitions suppose that the goods are to be restored or redelivered; but in a bailment for sale, as upon a consignment to a factor, no redelivery is contemplated between the parties. In some cases, no use is contemplated by the bailee, in others, it is of the essence of the contract: in some cases time is material to terminAte the contract; in others, time is necessary to give a new accessorial right.

Mr. Justice Blackstone has defined a bailment to be a delivery of goods in trust, upon contract, either expressed or implied, that the trust shall be faithfully executed on the part of the bailee. And in another place, as the delivery of goods to another person for a particular use.

Mr. Justice Story says, that a bailment is a delivery of a thing in trust for some special object or purpose, and upon a contract, express or implied, to conform to the object or purpose of the trust.

http://www.lectlaw.com/def/b005.htm
Selected response from:

P Forgas
Brazil
Local time: 08:28
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
4bailment
P Forgas
4bailment / commercial deposit
Andrea Bullrich


  

Answers


54 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
bailment / commercial deposit


Explanation:
Hola, Alejandra.

Me gustaría saber más de tu texto para estar segura, pero creo que esta información del Diccionario Jurídico de Cabanellas te puede servir:
Depósito mercantil o comercial: Bailment. Commercial deposit. Law may require that the deposit of things be with a bank or deposit company, or with a factor; or that the deposit be a result of a commercial transaction; or that both parties be merchants.

HTH
Andrea


    see above
Andrea Bullrich
Local time: 07:28
Native speaker of: Spanish
PRO pts in pair: 435
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
bailment


Explanation:
3.- El contrato de depósito, de acuerdo a lo dispuesto por el artículo 2.215 del Código Civil es un contrato en que una de las partes entrega a la otra una cosa corporal y mueble para que la guarde y restituya en especie a voluntad del depositante.

Por su parte el depósito mercantil, según lo prescrito en el artículo 807 y siguientes, del Código de Comercio, se encuentra subordinado a las normas del mandato comercial o comisión.

http://www.sii.cl/pagina/jurisprudencia/adminis/2001/ventas/...

BAILMENT - A legal relationship created when a person gives property to someone else for safekeeping. To create a bailment the other party must knowingly have exclusive control over the property. The receiver must use reasonable care to protect the property.

This word is derived from the French, bailler, to deliver. It is a compendious expression, to signify a contract resulting from delivery. It has been defined to be a delivery of goods on a condition, express or implied, that they shall be restored by the bailee to the bailor, or according to his directions, as soon as the purposes for which they are bailed shall be answered. Or it is a delivery of goods in trust, on a contract either expressed or implied, that the trust shall be duly executed, and the goods redelivered, as soon as the time or use for which they were bailed shall have elapsed or be performed.

Each of these definitions, says Judge Story, seems redundant and inaccurate if it be the proper office of a definition to include those things only which belong to the genus or class. Both these definitions suppose that the goods are to be restored or redelivered; but in a bailment for sale, as upon a consignment to a factor, no redelivery is contemplated between the parties. In some cases, no use is contemplated by the bailee, in others, it is of the essence of the contract: in some cases time is material to terminAte the contract; in others, time is necessary to give a new accessorial right.

Mr. Justice Blackstone has defined a bailment to be a delivery of goods in trust, upon contract, either expressed or implied, that the trust shall be faithfully executed on the part of the bailee. And in another place, as the delivery of goods to another person for a particular use.

Mr. Justice Story says, that a bailment is a delivery of a thing in trust for some special object or purpose, and upon a contract, express or implied, to conform to the object or purpose of the trust.

BAILMENT - A legal relationship created when a person gives property to someone else for safekeeping. To create a bailment the other party must knowingly have exclusive control over the property. The receiver must use reasonable care to protect the property.

This word is derived from the French, bailler, to deliver. It is a compendious expression, to signify a contract resulting from delivery. It has been defined to be a delivery of goods on a condition, express or implied, that they shall be restored by the bailee to the bailor, or according to his directions, as soon as the purposes for which they are bailed shall be answered. Or it is a delivery of goods in trust, on a contract either expressed or implied, that the trust shall be duly executed, and the goods redelivered, as soon as the time or use for which they were bailed shall have elapsed or be performed.

Each of these definitions, says Judge Story, seems redundant and inaccurate if it be the proper office of a definition to include those things only which belong to the genus or class. Both these definitions suppose that the goods are to be restored or redelivered; but in a bailment for sale, as upon a consignment to a factor, no redelivery is contemplated between the parties. In some cases, no use is contemplated by the bailee, in others, it is of the essence of the contract: in some cases time is material to terminAte the contract; in others, time is necessary to give a new accessorial right.

Mr. Justice Blackstone has defined a bailment to be a delivery of goods in trust, upon contract, either expressed or implied, that the trust shall be faithfully executed on the part of the bailee. And in another place, as the delivery of goods to another person for a particular use.

Mr. Justice Story says, that a bailment is a delivery of a thing in trust for some special object or purpose, and upon a contract, express or implied, to conform to the object or purpose of the trust.

http://www.lectlaw.com/def/b005.htm


P Forgas
Brazil
Local time: 08:28
Native speaker of: Spanish
PRO pts in pair: 1241
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