intervenir como perjudicado

English translation: appear as an injured party

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:intervenir como perjudicado
English translation:appear as an injured party
Entered by: Olivia Haber

15:12 May 30, 2018
Spanish to English translations [PRO]
Law/Patents - Law: Contract(s) / Intellectual Property
Spanish term or phrase: intervenir como perjudicado
Greetings!

I'm translating the terms and conditions for a contract relating to intellectual property and broadcasting rights. I'm trying to correctly translate the term "intervenir como perjudicado" in this context.

The whole paragraph:
La retransmisión de los contenidos audiovisuales objeto de las presentes Bases que tengan lugar en el Territorio a través la difusión de la señal por terceros que no han sido designados por [nombre de la empresa] como Adjudicatarios o no tienen la condición de sublicenciatarios en los términos establecidos en las presentes Bases. Los Adjudicatarios y sublicenciatarios legalmente autorizados a retransmitir los contenidos audiovisuales deberán contribuir con [nombre de la empresa] a justificar documentalmente la carencia de licencia o sublicencia de terceros no autorizados legalmente, así como INTERVENIR COMO PERJUDICADO en los procedimientos judiciales que frente a éstos se insten o en los procedimientos instados por [nombre de la empresa].

My attempt:
...Awardees and sub-licensees legally authorized to broadcast audiovisual content shall present [name] with documentation to justify the absence of license or sublicense of third parties not legally authorized, as well as PRESENT THEMSELVES AS A DAMAGED PARTY in legal proceedings...
Olivia Haber
Spain
Local time: 23:24
appear as an injured party
Explanation:
'appear' is the right verb for 'play some official role in a lawsuit' as 'intervenir' is used here. 'present themselves' could lead to odd unintended interpretations like having to be physically present.

'injured party' is a more common phrase than 'damaged party'.

Ultimately, the situation is close to 'agrees to participate in the suit as co-plaintiff' but I think this would be an over-translation.
Selected response from:

Tim Friese
United States
Local time: 16:24
Grading comment
Thanks so much to everyone who contributed to this thread! I really appreciate all your efforts to help me understand what was going on in that paragraph!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2appear as an injured party
Tim Friese
4 +1apply to be joined as party/parties
AllegroTrans
3act as necessary or indispensable party
Robert Carter
1intervene as non-plaintiff participant
neilmac


  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
appear as an injured party


Explanation:
'appear' is the right verb for 'play some official role in a lawsuit' as 'intervenir' is used here. 'present themselves' could lead to odd unintended interpretations like having to be physically present.

'injured party' is a more common phrase than 'damaged party'.

Ultimately, the situation is close to 'agrees to participate in the suit as co-plaintiff' but I think this would be an over-translation.

Tim Friese
United States
Local time: 16:24
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 20
Grading comment
Thanks so much to everyone who contributed to this thread! I really appreciate all your efforts to help me understand what was going on in that paragraph!

Peer comments on this answer (and responses from the answerer)
agree  MollyRose
41 mins

neutral  Robert Carter: I believe "perjudicado" is a false friend here. The "injury" is only hypothetical in this case, since it refers to the possibility of this happening.
2 hrs

agree  Robin Levey: Yes - it's clear in the context that the 'intervener' is expected to assist the party whose copyright and/or broadcast rights have been infringed.
4 hrs
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
apply to be joined as party/parties


Explanation:
To "intervenir" in proceedings generally requires that the party concernded needs to apply to the Court to be added as a party in the case.
I don't think it's wise to assume that this will be as a plaintiff or defendant, as it entirely depends on the situation, for example a party may be added as a third party and any of a number of alternatives.

This is what is known as "Joinder" - (it's also an excellent 7-letter word for Scrabble if you're ever fortunate enough to have the letters. I did once and my co-players threw up such an argument as to whether the word existed...)

Adding Parties and Claims - LawShelf Educational Media
https://lawshelf.com/courseware/entry/adding-parties-and-cla...

Joinder is a process by which parties and claims are added to an ongoing lawsuit. The typical litigation scenario begins with a plaintiff who enters into a lawsuit by suing a defendant. The plaintiff has a claim against the defendant for which he or she seeks some type of relief.
Practice Direction 19A - Addition and Substitution of Parties
https://www.justice.gov.uk/courts/procedure-rules/civil/rule...

1.3 The application to add or substitute a new party should be supported by evidence setting out the proposed new party's interest in or connection with the claim ...

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Note added at 4 hrs (2018-05-30 19:51:29 GMT)
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las partes procesales - ocw@uca
https://ocw.uca.es/mod/resource/view.php?id=1094

Translate this page
by A Álvarez del Cuvillo - ‎2008
El principio de igualdad de partes: la regla general en Derecho Procesal es que el .... mera exigencia de intervenir en el proceso a través de un representante; ...
¿Quién interviene en un juicio? - Arag
https://www.arag.es › ... › quien-interviene-en-un-juicio

Translate this page
21 Aug 2014 - Partes interventoras en un juicio dependiendo del procedimiento. ... En un juicio pueden intervenir varias personas dependiendo del tipo de ...

AllegroTrans
United Kingdom
Local time: 22:24
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 468
Notes to answerer
Asker: Thanks so much for your help! I really appreciate all the effort you put in to shining the light on the context of the terms in question.


Peer comments on this answer (and responses from the answerer)
agree  philgoddard: This example from Collins makes me think it relates to existing litigation: El magistrado también ha rechazado por el momento la solicitud de Conde de intervenir como perjudicado, porque para ello tendría que haber sido directamente ofendido."
1 hr
  -> Thank you Phil

neutral  Robert Carter: You understood this correctly, Chris, but how about including parties that are required but cannot be joined? https://www.federalrulesofcivilprocedure.org/frcp/title-iv-p...
5 hrs
  -> I see your point but is this taking the scenario into hypothetical realms?
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3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
act as necessary or indispensable party


Explanation:
Or "indispensable party". I'm fairly sure that this is the meaning here; the figure is often referred to as a "tercero perjudicado" in Mexico, although in this case, it refers to "Amparo" proceedings in which the necessary party's circumstances are aligned with the government's case.

I don't believe it means a "plaintiff" or "claimant" at all.

The idea in this case, I believe, is that the licensor may sue an infringer of the rights it holds, and for that purpose it may also require its licensees to act as "necessary parties" or be joined to the suit as "indispensable parties" since their interests may be affected ("perjudicado") by the outcome.

El tercero perjudicado es quien, en términos generales, resulta beneficiado con el acto que el quejoso impugna en el juicio de amparo y tiene, por lo mismo, interés en que tal acto subsista y no se destruido por la sentencia que en el mencionado juicio se pronuncie. Por ello debe ser llamado a dicho juicio y tener en éste la oportunidad de probar y alegar en su favor. Podría decirse que hace causa común con la autoridad responsable, que también se empeña en que el acto que de ella se combate quede en pie.
http://mexico.leyderecho.org/tercero-perjudicado/

An indispensable party (also called a required party, necessary party, or necessary and indispensable party) is a party in a lawsuit whose participation is required for jurisdiction or the purpose of rendering a judgment. In reality, a party may be "necessary" but not indispensable. For example, if s/he claims an interest in the litigation, that interest may be impeded if s/he is not joined. That doesn't transform him or her into an indispensable party unless her absence threatens some other party's interest. Often, an indispensable party is any party whose rights are directly affected by disposition of the case. Many jurisdictions have rules which provide for an indispensable party to be joined (brought into the case as a party) at the discretion of the judge. In some cases, the inability to join such a party means that the case must be dismissed...

In patent law, for example, a patent owner is an indispensable party to a patent infringement suit brought by an exclusive licensee against an alleged infringer. The patent owner's rights would be directly affected by a finding of invalidity or unenforceability of the patent claims. At the same time, if the patent owner is not a party to the case, the alleged infringer could be sued separately by the patent owner, and could end up having to pay two judgments for the same act of infringement.

https://en.wikipedia.org/wiki/Indispensable_party

The above definition differs from the one below, in that in the Wikipedia article, they consider the two terms "necessary" and "indispensable" synonymous, though they then clarify that a party may be "necessary" without being "indispensable". In the one below, the difference between a necessary party and an "indispensable" one is defined:

A necessary party is a person or entity whose interests are at stake in the outcome of a lawsuit, whose absence as a party in the suit prevents a judgment on all issues, but who cannot be joined in the lawsuit because that would deny jurisdiction to the particular court. A necessary party who is not in the suit differs from an "indispensable party," who must be joined if the lawsuit is to proceed, and from a "proper party," who could be joined but is not essential.

So, by the definition above, a party can only be "joined" if it is an "indispensable party", but not if it is a "necessary party". Obviously, not being a lawyer, I can only go by the limited research I've done here, and jurisdictions obviously may differ.



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Note added at 8 hrs (2018-05-30 23:25:46 GMT)
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Sorry, forgot the link to the reference above:
https://definitions.uslegal.com/n/necessary-party/

Robert Carter
Mexico
Local time: 16:24
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 374
Notes to answerer
Asker: Hi Robert, Thanks so much for your help on this question. My apologies for not including the type of Spanish in question (it was indeed Spanish from Spain). I always appreciate your contributions to the forums. Cheers!


Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: Whilst I can see that it may be "necessary" or "indispensable" for a party to be joined (e.g. because of a contractual requirement as in this text) I have never seen the term used to describe a party (but I can't speak for the whole world of course..)
45 mins
  -> Thanks, Chris. Yes, I don't know about that, but the information available online does point to that in the case of the US at least. I've added the link above now.

neutral  Andy Watkinson: As you say, Robert, "jurisdictions ...may differ". As the Asker has performed the usual contextomy, we are bereft of the relevant forum, but I usually judge by the Asker's location. If US, I assume LatAm; this Asker is in Spain.
9 hrs
  -> Thanks, Andy, yes, we'll have to wait and see, I suppose.
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18 hrs   confidence: Answerer confidence 1/5Answerer confidence 1/5
intervene as non-plaintiff participant


Explanation:
Off the top, of my head, FWIW...


    https://www.lawinsider.com/contracts/7veqEhxhQltHhGILp03mtN/biocept-personalized-medicine-from-a-liquid-biopsy/indemnification-agreement/201
neilmac
Spain
Local time: 23:24
Native speaker of: Native in EnglishEnglish
PRO pts in category: 264

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: Not the real-life language of the Courts
9 hrs
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