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excepción procesal de falta de litisconsorcio pasivo necesario

English translation: Procedural defect due to absence of the required passive joint litigation

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:excepción procesal de falta de litisconsorcio pasivo necesario
English translation:Procedural defect due to absence of the required passive joint litigation
Entered by: Ed Wilcox
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14:40 Sep 13, 2011
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: excepción procesal de falta de litisconsorcio pasivo necesario
The phrase appears in the minutes of the AGM of a community of owners. The full text is:- Respecto a la demanda presentada por unos propietarios para la impugnación de los coeficientes aplicados por la comunidad para el cálculo de las cuotas comunitarias, ya tuvo lugar la vista preliminar en el juzgado, y el juez la ha desestimado por no estar bien fundamentada. Se está a la espera de que el juez redacte la sentencia por escrito. En términos legales, el juez ha estimado la “excepción procesal de falta de litisconsorcio pasivo necesario”. I have no problem with any of this except the legal terminology at the end. All suggestions will be gratefully received.
Ed Wilcox
Local time: 23:42
Procedural defect due to absence of the required passive joint litigation
Explanation:
We've had litisconsorcio before on the forum. According to the excellent Diccionario de Terminos Juridocos, it can mean either joinder of parties or joint litigation.
Selected response from:

Jennifer Gray
Spain
Local time: 23:42
Grading comment
Gracias Jennifer
Un saludo.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +1Procedural defence of lack of necessary joinder of defendantsxxxFVS
3procedural defense based on lack of compulsory joinder of defendants
Richard Hill
3 -2Procedural defect due to absence of the required passive joint litigation
Jennifer Gray


  

Answers


9 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -2
Procedural defect due to absence of the required passive joint litigation


Explanation:
We've had litisconsorcio before on the forum. According to the excellent Diccionario de Terminos Juridocos, it can mean either joinder of parties or joint litigation.

Jennifer Gray
Spain
Local time: 23:42
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Grading comment
Gracias Jennifer
Un saludo.

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: never heard of "passive joint litigation" ; it conveys nothing to me as a legal advocate
8 hrs
  -> I think it would be helpful to Ed if you could suggest how this should be translated, particularly as he has chosen to use my rendition, and I am now even less sure that it is right. Help from lawyers is always invaluable

disagree  John Rynne: not "passive"
14 hrs
  -> I think it would be helpful to Ed if you could suggest how this should be translated, particularly as he has chosen to use my rendition, and I am now even less sure that it is right. Help from lawyers is always invaluable

disagree  xxxFVS: no simply wrong and meaningless// If I saw this as a lawyer, which I have been for nearly 40 years, it would mean nothing to me at all. I have given my, correct, answer already.
1 day 1 hr
  -> I think it would be helpful to Ed if you could suggest how this should be translated, particularly as he has chosen to use my rendition, and I am now even less sure that it is right. Help from lawyers is always invaluable
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1 hr   confidence: Answerer confidence 5/5 peer agreement (net): +1
Procedural defence of lack of necessary joinder of defendants


Explanation:
This is correct.

xxxFVS
Native speaker of: Native in EnglishEnglish
PRO pts in category: 907

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: It would appear correct but for a term of this complexity you really ought to assist by giving some references or authorities for your overwhelming conviction//that's all very well but your "experience" is invisible from here
7 hrs
  -> My references are my experience.
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
procedural defense based on lack of compulsory joinder of defendants


Explanation:
see examples

Example sentence(s):
  • USET also claims that a lack of compulsory joinder in these cases to bring subgrantees in as parties resulted in unwillingness of these subgrantees to assist in obtaining records, again resulting in a denial of claimed due process
  • Procedural Defenses: When defendants offer a procedural defense, they are arguing that either someone in the criminal justice system markedly discriminated against them or that one or more important procedural rules were not followed

    Reference: http://courtlistener.com/ca6/3wkJ/united-south-and-eastern-t...
    Reference: http://public.getlegal.com/legal-info-center/Criminal-Defens...
Richard Hill
Mexico
Local time: 17:42
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 473
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