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Sobrecartada

English translation: reissued

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:sobrecartada
English translation:reissued
Entered by: Charles Davis
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11:43 Feb 15, 2012
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: Sobrecartada
This appears in a legal document describing potential delays to divorce proceedings in Peru. The full frase is "No resulta trascendente el devolver de la notification de la Resolución...para que nos sea sobrecartada junto al escrito faltante...."

Does this simply mean .....so that [the court] reissues the notification to us together with....?? Or is it something else?

Best wishes. Sian.
Sian Bowen
United Kingdom
Local time: 19:10
reissued
Explanation:
No one seems to want to touch this, so I'll chance my arm. I think you're right, and that "sobrecartar" means reissuing a previously issued court order or injunction, or, in this case, notice. It sounds as though it was first issued and sent without a document that should have accompanied it, and that the correct procedure is to reissue it with the missing document.

"sobrecartar" is translated in Neuman and Baretti's nineteenth-century dictionary, and in a number of other places, as "to repeat a former injunction"
http://books.google.es/books?id=RSASAAAAIAAJ&pg=PA636&lpg=PA...

Here is a Bolivian court judgment that turns on the meaning of this word:

"Para una debida comprensión del término “sobrecartar”, se tiene que, según la definición expresada en el Diccionario Enciclopédico de Derecho Usual de Guillermo Cabanellas, es un: ”nuevo mandamiento judicial por no haber tenido cumplimiento el primero”."
http://www.tribunalconstitucional.gob.bo/resolucion12792.htm...

So you could say "so that it can be reissued to us", or however you want to phrase it.

Here's an example of "reissue" in English:

"The court may, upon the filing of an affidavit by the applicant that the respondent could not be served within the time required by statute, reissue an order."
http://statutes.laws.com/california/wic/15657-15657.7
Selected response from:

Charles Davis
Spain
Local time: 20:10
Grading comment
Yes, makes perfect sense in the context! Many thanks. Sian.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1reissued
Charles Davis


  

Answers


6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
reissued


Explanation:
No one seems to want to touch this, so I'll chance my arm. I think you're right, and that "sobrecartar" means reissuing a previously issued court order or injunction, or, in this case, notice. It sounds as though it was first issued and sent without a document that should have accompanied it, and that the correct procedure is to reissue it with the missing document.

"sobrecartar" is translated in Neuman and Baretti's nineteenth-century dictionary, and in a number of other places, as "to repeat a former injunction"
http://books.google.es/books?id=RSASAAAAIAAJ&pg=PA636&lpg=PA...

Here is a Bolivian court judgment that turns on the meaning of this word:

"Para una debida comprensión del término “sobrecartar”, se tiene que, según la definición expresada en el Diccionario Enciclopédico de Derecho Usual de Guillermo Cabanellas, es un: ”nuevo mandamiento judicial por no haber tenido cumplimiento el primero”."
http://www.tribunalconstitucional.gob.bo/resolucion12792.htm...

So you could say "so that it can be reissued to us", or however you want to phrase it.

Here's an example of "reissue" in English:

"The court may, upon the filing of an affidavit by the applicant that the respondent could not be served within the time required by statute, reissue an order."
http://statutes.laws.com/california/wic/15657-15657.7

Charles Davis
Spain
Local time: 20:10
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1212
Grading comment
Yes, makes perfect sense in the context! Many thanks. Sian.
Notes to answerer
Asker: I eventually found a reference to this in Larousse "duplicado de una provisión que daban los tribunales cuando por cualquier motivo no se había cumplido después de la primera expedición". so you were spot on! Many thanks. Sian.


Peer comments on this answer (and responses from the answerer)
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Changes made by editors
Feb 20, 2012 - Changes made by Charles Davis:
Created KOG entryKudoZ term » KOG term


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