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causa onerosa

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:causa onerosa
English translation:onerous cause/for a specific purpose
Entered by: Catherine Gilsenan
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22:33 Nov 29, 2008
This question was closed without grading. Reason: Other

Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: causa onerosa
Re Contesting of a Will

“Ninguna donación por contrato entre vivos, sea simple o por una causa onerosa, en favour de sus jigos o descendientes …”
Catherine Gilsenan
United Kingdom
Local time: 03:21
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Summary of answers provided
5 +1for a definite purpose
Monica Colangelo
3 +3valuable consideration
jmleger
5 -1complicated cause
José J. Martínez
4onerous causeHeloisa Xavier
2 -1difficult lawsuit
Tom2004


  

Answers


20 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5 peer agreement (net): -1
difficult lawsuit


Explanation:
o por una causa onerosa = or as a result of a difficult lawsuit

Tom2004
Canada
Local time: 22:21
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 313

Peer comments on this answer (and responses from the answerer)
disagree  Monica Colangelo: this has nothing to do with a lawsuit. Causa here means "cause", as in "good cause"
1 hr
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21 mins   confidence: Answerer confidence 5/5 peer agreement (net): -1
complicated cause


Explanation:
“Ninguna donación por contrato entre vivos, sea simple o por una causa onerosa, en FAVOR de sus HIJOS o descendientes …”


José J. Martínez
United States
Local time: 19:21
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 49

Peer comments on this answer (and responses from the answerer)
disagree  Monica Colangelo: not the meaning, José
1 hr
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30 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +3
valuable consideration


Explanation:
They cared for Carlos and his wife as long as they lived, giving them food, clothing and shelter. If the transaction between Carlos and the defendant was a donation it was una donacion con causa onerosa and not una donacion remuneratoria. One of the leading differences between these two classes of donations or gifts is that in the one con causa onerosa the services which form the consideration for the gift have not yet been performed, while in the other they have. At the time of the transaction heretofore referred to none of the services which formed the consideration for the agreement in question had not yet been performed. They were all to be performed in the future. Under the provisions of the Civil Code una donacion con causa onerosa is governed by the provisions of said code relative to contracts. That being so, the arguments of appellant relative to the validity of the instrument in question are entirely inapplicable and beside the point for the reason that they relate solely to a remunerative gift. The judgment is affirmed, with costs.

jmleger
Local time: 21:21
Native speaker of: Native in FrenchFrench
PRO pts in category: 12

Peer comments on this answer (and responses from the answerer)
agree  LexisPlus: Definitely.
12 mins

disagree  Monica Colangelo: "for a valuable consideration" simply put means "for money" and this is not the idea.
1 hr
  -> What is the idea, then?

agree  xxxjacana54
2 hrs

agree  Rebecca Jowers: Yes, "causa" in Spanish contract law theory is similar to the common law concept of the "consideration" that is required in a contract.
9 hrs

agree  xxxAdrian MM.: for val. consid. : omit the indef. art. of 'a' iate.europa.eu/iatediff/SearchByQuery.do;jsessionid=9ea7991930d82d778688d3c74950aa5dcd3df7c9e6e6.e38KbN4MchyMb40SbxyRaN0Ka3v0
1 day25 mins
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
onerous cause


Explanation:
Explicação:
ONEROUS CAUSE, civil law., A valuable consideration.
ONEROUS CAUSE
.................................................
civil law., A valuable consideration.

Source: Bouviers Law Dictionary 1856 Edition

--------------------------------------------------
Note added at 1 hora (2008-11-30 00:13:28 GMT)
--------------------------------------------------

Onerous: http://www.merriam-webster.com/dictionary/onerous

oner·ous
Pronunciation: \ˈä-nə-rəs, ˈō-\
Function: adjective
Etymology: Middle English, from Middle French honereus, from Latin onerosus, from oner-, onus burden; akin to Sanskrit anas cart
Date: 14th century
1 : involving, imposing, or constituting a burden : troublesome <an onerous task>
2 : having legal obligations that outweigh the advantages <an onerous contract>



    Reference: http://www.lawguru.com/dictionary/term.php?id=4435&searchtex...
Heloisa Xavier
Argentina
Local time: 23:21
Specializes in field
Native speaker of: Native in PortuguesePortuguese
Notes to answerer
Asker: I think this has been a difficult one. I agree that it can be translated by "onerous cause" , but also by "for a definite purpose". So I have decided upon both.

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2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
for a definite purpose


Explanation:
Below is the definition of "causa onerosa" as it appears in the Civil Code. It refers to a trust or amount of money to be used for a definite/specific/predetermined/particular purpose, like getting married, going to college, etc.

Con causa Onerosa.- Las donaciones con causa onerosa las define el artículo 1461 del Código Civil “[...] como para que una persona abrace una carrera o estado, o a título de dote, o por razón de matrimonio, se otorgará por escritura pública, expresando la causa ; y no siendo así, se considerarán como donaciones gratuitas. Las donaciones con causa onerosa, de que habla el inciso precedente están sujetas a insinuación”

Monica Colangelo
Argentina
Local time: 23:21
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 44
Notes to answerer
Asker: Thank you. I think this is a difficult one. I agree that it can be translated by "for a defiinite/specific purpose", but also by "onerous cause", so I have put both.


Peer comments on this answer (and responses from the answerer)
agree  Vivian B E
2 hrs
  -> Thank you, Vivian.
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Changes made by editors
Dec 1, 2008 - Changes made by Catherine Gilsenan:
Created KOG entryKudoZ term » KOG term
Nov 29, 2008:
Kudoz queueIn queue » Public


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