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derecho común

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14:59 Nov 17, 2000
Spanish to English translations [PRO]
Law/Patents
Spanish term or phrase: derecho común
La falta de derecho común produce inseguridad jurídica respecto a si el condominio puede lograr la exención o no. I'm sure this expression does NOT mean "common law". The context is a letter from a legal consultant and this part talks about the law not being clear in this case. Thanks for any help.
Marilyn Eisenberg Herzog
United States
Local time: 16:54
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Summary of answers provided
nacommon rightsAlfonso Romero
nacommon rights;shared rightsJFinch
nafederal lawdynasty
naCASE law
Gloria Nichols
nacommon law or general law
Blanca Amoroso
naloophole in the common ownership regime (or condominium regime)xxxPaul Roige
nacommon lawwendy griswold
na... common rules...
Pat Melgar
nacommon law, also law of the land
Maria
nacommon law
Agua
nacivil law
Frank Johnson


  

Answers


2 mins
civil law


Explanation:
derecho común = civil law as opposed to criminal law


    West, Spanish-English Dictionary of Law and Business
Frank Johnson
United States
Local time: 18:54
PRO pts in pair: 71
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37 mins
common law


Explanation:
also law of the land


    diccionario de terminos juridicos; alcaraz varo and hughes
wendy griswold
Local time: 19:54
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 64
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41 mins
... common rules...


Explanation:
e.g., the lack of rules in common...
or the absence of common rules ...

Pat Melgar
Local time: 21:54
Native speaker of: Spanish
PRO pts in pair: 8
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44 mins
common law, also law of the land


Explanation:
are the correct terms... the common law is based on case precedent -- cases that have gone before by which they can research how the courts rule regarding a specific case.

Saludos afectuosos. Maria ;o)


    confirmed by Alcaraz Varo in Dicc. Terminos Juridicos
Maria
Local time: 18:54
Native speaker of: Native in SpanishSpanish
PRO pts in pair: 920
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1 hr
common law


Explanation:
Maria is right: common law is law based on precedents, since there is no written law for it.

Good luck,

Mar

Agua
Spain
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in pair: 40
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1 hr
loophole in the common ownership regime (or condominium regime)


Explanation:
Hello. I think you're quite right but -layman me- had to read your text a zillion times over to get it. In my understanding, it is talking about a certain loophole in the "common ownership law" or "condominium law" ("ley de condominios" in Spanish). This may be what the client is refering to when saying "derecho común", plus "loophole" for "falta". "Condominium Ownership Act" is another phrase you may want to use (1st link). Perhaps the confusion stems from the use of "derecho común" ("common law") which is actually not totally inadequate, for common ownership matters belong in the common law arena, but then not exact enough. BTW, got heaps of links informing about the existence of legal loopholes in common ownership, quite a rife prob out there...terrific for lawyers... Food for thought, I hope this helps... :)


    courtlink.utcourts.gov/opinions/appopin/coulter.htm
    Reference: http://www.capitol.state.tx.us/statutes/py/py008100.html
xxxPaul Roige
Spain
Local time: 01:54
Native speaker of: Native in SpanishSpanish, Native in CatalanCatalan
PRO pts in pair: 442
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1 hr
common law or general law


Explanation:
Common law: A term used in various distinct senses, essentially seven.

1.The part of English law developed by the royal courts during the first three centuries after the Norman conquest (1066) as a system applicable to the whole country, as opposed to local customs.
2. Common law rights, powers, remedies, crimes, etc. are frequently distinguished from statutory rights, powers, remedies, crimes, etc. according to the formal source of the particular right, etc., in principls of common law or in the prescriptions of statute.

(Also, common law marriage).

Please see The Oxford Companion to Law, by David Walker, for a more detailed explanation.

I would simply choose "common law".


    Dic. of LAW. Oxford. Monolingual.
Blanca Amoroso
Local time: 20:54
Native speaker of: Native in SpanishSpanish
PRO pts in pair: 23
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2 hrs
common rights


Explanation:
It´s the only thing I can think of, besides common law

Alfonso Romero
Mexico
Local time: 18:54
PRO pts in pair: 6
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5 hrs
common rights;shared rights


Explanation:
In a condominium complex, as with a duplex, in real estate law "derecho comun" is the common right or shared rights of the property owner. (Each duplex/apt. owner shares common rights with the others in the condo or duplex. The land the actual building is on, the walls, roof,and foundation seperating the different units are all shared property--hence "common right(s)" or "shared right(s)".
Hope this helps.
:)

JFinch
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12 hrs
federal law


Explanation:
I have two legal dictionaries and they both call it something different.

One of them suggests: federal law, national law, civil law or general law.

The other one suggests: ordinary law or civil law.

Good luck!


    Diccionario Juridico by Guillermo Cabanellas
    Spanish/English Dictionary of Law by Thomas L. West III
dynasty
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2 days 11 hrs
CASE law


Explanation:
Many answers above correctly explain the concept of common law, which basically is the collective history of judicial decisions for similar cases in the past, which can be used by the attorneys in the present case to support their arguments. This use of precedent in the common law system, quoting from individual cases, is called CASE LAW.


    I am a legal interpreter (U.S.) and this term is used in court constantly
Gloria Nichols
United States
Local time: 19:54
PRO pts in pair: 67
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