Login or register (free and only takes a few minutes) to participate in this question.
You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.
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.)."
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).
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.
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: English PRO pts in pair: 7645
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.