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arg. del texto del artículo

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04:36 Sep 7, 2001
Spanish to English translations [PRO]
Law/Patents
Spanish term or phrase: arg. del texto del artículo
This appears in an Argentine appellate brief:

"El hipotético hecho de que la víctima de la cautelar no sufra daño no suple la exigencia de que el peticionario demuestre que él sí lo sufre (arg. del texto del artículo 195, cit.)."
Lee Penya
Local time: 07:21
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Summary of answers provided
5 +1The hypothesis (or "assumption", not a fact)
Parrot
5reasoning of section 195
Cecilia Olmos Herbin
na +2explanation
Patricia Lutteral
na +1reasoning (or line of argument) of the wording of article 195, quoted.Paul Stevens
naThe hypothetical fact...Boudewijn van Milligen


  

Answers


6 mins
The hypothetical fact...


Explanation:
The hypothetical fact that the victim of the detained was not harmed does not relieve the petitioner from the requirement to demonstrate that he himself is harmed (argument of the text of Article 195, cited).

Boudewijn van Milligen
Local time: 14:21
Native speaker of: Native in DutchDutch
PRO pts in pair: 121
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53 mins peer agreement (net): +1
reasoning (or line of argument) of the wording of article 195, quoted.


Explanation:
None needed.

HTH

Paul Stevens
Local time: 13:21
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 721

Peer comments on this answer (and responses from the answerer)
agree  Cecilia Olmos Herbin
1 day 19 hrs
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1 hr peer agreement (net): +2
explanation


Explanation:
"la cautelar" here means "medida cautelar", that is, some kind of injunctive relief.
The argument here seems to be the following (please check if it fits the whole context):
The "peticionario" has asked for an injunctive relief; the effects of such relief go on a third party's interests (the "víctima"; I think this word is misleading). The lawyer's argument is that, despite the "victim" suffers no harm, the original asker of the relief must prove that he or she is harmed (because the aim of the injunctive relief is to protect a right). So, if no right is violated, there is no need for any injunctive relief. Its (lack of) effects on the third party (the victim), are irrelevant to evaluate the need for such relief.
I hope it helps.

Best regards,

Patricia

Patricia Lutteral
Argentina
Local time: 10:21
Native speaker of: Spanish
PRO pts in pair: 505

Peer comments on this answer (and responses from the answerer)
agree  AngelaMR: I think you're right.
14 hrs
  -> tks, angel

agree  Heathcliff: Nicely reasoned!
20 hrs
  -> I know these guys; with them instead of discourse analysis you need "discourse decoding" :-))
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5 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
The hypothesis (or "assumption", not a fact)


Explanation:
that the subject of the preventive measure did not suffer any damages does not exempt the plaintiff from the obligation to demonstrate that he in his turn did (suffer damages). (Argument...)
I'm being very careful for the sake of the lawyer's argument.

Parrot
Spain
Local time: 14:21
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 7645

Peer comments on this answer (and responses from the answerer)
agree  Heathcliff: Right: the hypothesis/assumption was made or advanced ("hecho" here is a participle, not a noun!).
16 hrs
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1 day 19 hrs   confidence: Answerer confidence 5/5
reasoning of section 195


Explanation:
I think Paul Stevens is right. Section 195 (Argentina's Civil and Commercial Procedural Code) reads:

"El escrito ¨[de las providencias cautelares] deberá expresar el DERECHO QUE SE PRETENDE ASEGURAR, la medida que se pide, la disposición de la ley en que se funde y el cumplimiento de los requisitos que corresponden [...]."

Patricia's reasoning is right, but I'd say "reasoning" instead. This section requests the petitioner to specify the rights he/ she is trying to protect. So it does not expressly request that the petitioner suffer damages, but such damages are IMPLICITELY required.

HIH!

Cecilia Olmos Herbin
Local time: 10:21
Native speaker of: Native in SpanishSpanish
PRO pts in pair: 16
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