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parte demandada

English translation: defendant

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:parte demandada
English translation:defendant
Entered by: Robert Mavros
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21:11 Feb 28, 2012
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: parte demandada
Hi, I'd appreciate your interpretation of this term

I am translating a Petition for Ordinary Proceedings. Please take into account that similar words/synonyms are being used throughout the text and I am not sure that if they are being used to avoid repetition or to differentiate any detail. Basically, take into account that words such as cliente, principal, mandante, parte demandada are being used. I am seeing different translations in here for these words but I would like to know the exact term used in this type of document.

Context:
"La presente Demanda tiene por objeto principal que, por la Jurisdicción, se declare que entre las partes litigantes ha existido un contrato verbal de distribución en exclusiva en el que mi mandante ha ocupado la posición de distribuidor siendo la parte demandada la concedente.

La parte demandada habrá de ser condenada al pago de las costas procesales en méritos de lo establecido en el artículo 394 de la LEC."

Thanks :)
Robert Mavros
Spain
Local time: 18:07
defendant
Explanation:
The "parte demandada" called upon to answer a complaint (demanda) in a civil action, which seems to be the case here, is called the defendant. If the action is initiated by a petition, as in a divorce proceeding, the term "respondent" is used. That, at least, is my understanding.

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Note added at 1 hr (2012-02-28 22:48:35 GMT)
--------------------------------------------------

This is a demand for damages, so "defendant" is the term:

"respondent n. 1) the party who is required to answer a petition for a court order or writ requiring the respondent to take some action, halt an activity or obey a court's direction. In such matters the moving party (the one filing the petition) is usually called the "petitioner." Thus, the respondent is equivalent to a defendant in a lawsuit, but the potential result is a court order and not money damages."
http://legal-dictionary.thefreedictionary.com/respondent
Selected response from:

Charles Davis
Spain
Local time: 18:07
Grading comment
Thanks for your help :)
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +3defendant
Charles Davis


Discussion entries: 8





  

Answers


39 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
defendant


Explanation:
The "parte demandada" called upon to answer a complaint (demanda) in a civil action, which seems to be the case here, is called the defendant. If the action is initiated by a petition, as in a divorce proceeding, the term "respondent" is used. That, at least, is my understanding.

--------------------------------------------------
Note added at 1 hr (2012-02-28 22:48:35 GMT)
--------------------------------------------------

This is a demand for damages, so "defendant" is the term:

"respondent n. 1) the party who is required to answer a petition for a court order or writ requiring the respondent to take some action, halt an activity or obey a court's direction. In such matters the moving party (the one filing the petition) is usually called the "petitioner." Thus, the respondent is equivalent to a defendant in a lawsuit, but the potential result is a court order and not money damages."
http://legal-dictionary.thefreedictionary.com/respondent

Charles Davis
Spain
Local time: 18:07
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1212
Grading comment
Thanks for your help :)
Notes to answerer
Asker: thanks :)

Asker: Yep, respondent was the other term I was thinking of but just needed to know and was not sure which one exactly fitted the context/type of document.


Peer comments on this answer (and responses from the answerer)
agree  Paul García
2 hrs
  -> Thanks, Paul :)

agree  xxxjacana54
10 hrs
  -> ¡Gracias, Lucía! :)

agree  conniejimenez
1 day8 hrs
  -> ¡Gracias, Connie!
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Non-PRO (1): philgoddard


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