\"no existe control de capacidad, ni de legalidad\"

English translation: there is no capacity to control the content or verify its lawfulness

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:\"no existe control de capacidad, ni de legalidad\"
English translation:there is no capacity to control the content or verify its lawfulness
Entered by: patinba
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08:28 Jul 4, 2018
Spanish to English translations [PRO]
Law/Patents - Law (general) / Statement of identity of a Notary
Spanish term or phrase: \"no existe control de capacidad, ni de legalidad\"
Hi,

I am struggling with the meaning and translation of "no existe control de capacidad, ni de legalidad""

Context:

"YO, NOTARIO..., DOY FE
De que la presente fotocopia concuerda fielmente con el original que me ha sido exhibido, si bien se hace constar que la presente legitimación no implica el reconocimiento de firma, así como el contenido del documento no es responsabilidad del notario, por lo que no existe capacidad de control, ni de legalidad; por lo que si el documento es privado, no adquiere el carácter de público, sino que sigue siendo privado; y si el documento es público, su legitimación notarial, implica sólo su existencia en la fecha de la misma."

I really appreciate your help.

Best,

Alicia
Alicia Roca
Spain
Local time: 18:30
there is no capacity to control the content or verify its lawfulness
Explanation:
A bit clumsy, but you have caused confusion, because what your text actually says is "capacidad de control"not "control de capacidad".
Slightly different : the notary is saying that he is not in a position to control the content or the lawfuness of the document.
Selected response from:

patinba
Argentina
Local time: 13:30
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2there is no capacity to control the content or verify its lawfulness
patinba
5no check is/has been made as to capacity or legality
AllegroTrans


Discussion entries: 3





  

Answers


1 hr   confidence: Answerer confidence 5/5
no check is/has been made as to capacity or legality


Explanation:
The notary is certifying that he/she has not checked whether the deponent has the legal capacity to sign the document or whether the document is actually legal.

This is pretty standard practice.

Part 27 People who lack capacity to make legal agreements | Care ...
https://new.devon.gov.uk/.../part-27-people-who-lack-capacit...

3 Jan 2014 - An unsigned tenancy or a tenancy signed by someone who lacked capacity to sign will be presumed to be valid unless it is 'avoided'. A tenancy is 'avoided' either by the person regaining capacity, or a Deputy, EPA or LPA withdrawing from the agreement, or by the person not maintaining the conditions of the tenancy.
[PDF]How do you know if a testator has capacity to make a ... - Osborne Clarke
www.osborneclarke.com/.../how-do-you-know-if-a-testator-has...

capacity to do a particular act – such as make a will - are being asked. Solicitors acting for elderly clients in particular have to be very careful to check that a client ...


Notary FAQ: Assessing A Signer's Mental Capacity | NNA
https://www.nationalnotary.org/notary.../notary-faq-assessin...

4 May 2017 - Do Notaries have a legal obligation to judge a signer's awareness and mental state? ... answers common questions about assessing a signer's capacity. ... Even if not required by law, it's a good professional practice to look for ...

AllegroTrans
United Kingdom
Local time: 17:30
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1365

Peer comments on this answer (and responses from the answerer)
neutral  Robert Carter: As Pat says, the asker messed up the question here, Chris. Saludos!
6 hrs
  -> We still don't know which is the right version though
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
no existe capacidad de control, ni de legalidad
there is no capacity to control the content or verify its lawfulness


Explanation:
A bit clumsy, but you have caused confusion, because what your text actually says is "capacidad de control"not "control de capacidad".
Slightly different : the notary is saying that he is not in a position to control the content or the lawfuness of the document.

patinba
Argentina
Local time: 13:30
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1067
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Robert Carter: Nice catch, Pat. Probably "way" instead of "capacity".
4 hrs
  -> Thanks Robert!

neutral  AllegroTrans: "there is no capacity to..." sounds very odd wording, since a notary does have the ability to make a check of a person's legal capacity to sign, even if he/she doesn't actually do so
7 hrs
  -> Yes, but as I said, the Notary is saying that he is not capable of certifying that the content of the deed, whatever is being notarised, is propert and lawful.

agree  Sandro Tomasi: Capacity is fine, but I prefer authority. You may consider changing "the content or" to "its content nor": there is no authority to control its content nor verify its lawfulness.
22 hrs
  -> Yes thanks, possibly, although more than authority, I think what he means is that he does not have the knowledge to determine whether the contents of the deed are proper and lawful.
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