Jun 19, 2018 15:12
5 yrs ago
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Spanish term

resulta...considerando

Spanish to English Law/Patents Certificates, Diplomas, Licenses, CVs Divorce Proceedings
Having researched the various queries here and settling on' whereas' as the translation for 'resulta' I then find that the next paragraph is headed 'considerando' (which I would usually translate as 'whereas'

Which means I continue with the problem of how to translate 'resulta'.

The 'resulta' section simply states the page number, that the two parties presented themselves and requested a divorce according to sections of the Civil Code.

The 'considerando' section goes into more detail on prerequisites or related proceedings.

Thanks

Discussion

AllegroTrans Jun 20, 2018:
Asker It's very instructional to look at how English language court orders are worded and certainly something every legal translator should be familiar with
Manuel Cedeño Berrueta Jun 20, 2018:
Catherine: The insufficient context makes it almost impossible to suggest an appropriate answer.
Providing the sentence preceding “resulta” and the one following “considerando” would make easier to infer the intended meaning.
Venezuelan decrees of divorce often include sentences like these:
“Verificada la tramitación de la alzada, las partes no informaron y este Tribunal procede a decidir, a cuyo efecto observa:”
or “Cumplidas las formalidades legales, el Tribunal procede a dictar Sentencia previa las siguientes consideraciones:”
It’s just a guess, but I think that that “resulta” in your document may corresponds to the “el Tribunal obseva/previas las siguientes consideraciones” in Venezuelan judgments.
If this were the case, translating “resulta” as “the Court finds” and the “considerando” part as “whereas” could be a possible solution.
Robert Forstag Jun 19, 2018:
“Resulta”? I have to say that I do not see how a header of a section whose content is limited to referencing a page number, along with the information that the two parties appeared and requested a divorce, can be accurately translated as “Findings of Fact.”
Catherine Mactaggart (asker) Jun 19, 2018:
I just meant that part which I copied from the link I posted, the answer which didn't get much support. It more or less says the same as Toni's link, although I agree that his is a more useful one. I see what you mean about 'resultando' , although I'm used to seeing it follow 'considerando' , for example on academic titles..but where it appears prior, you're right about it being the premise.
Robert Carter Jun 19, 2018:
Forget about the first link you posted, there's very little context there, it could be any of the answers provided, and it doesn't appear to be relevant to your document, Catherine. Curiously, the one chosen, is the least feasible: "resultando" as "therefore" seems a mistranslation to me because whenever I've seen it used, it's setting out the premises, not the conclusions.
Robert Carter Jun 19, 2018:
Having translated dozens of documents like this, my advice would be to use Sandro's translations (in Toni's link below) "findings of fact" and "conclusions of law", that's exactly what the meaning is. "Fallo" is the decision or ruling.
The "Resultando" section sets out the facts as they pertain to the record of the case; the "considerando" section presents the legal basis for the decision.
Catherine Mactaggart (asker) Jun 19, 2018:
that is useful Toni, thanks. Actually I'd like to know what all the headings in that case were translated as, as it sounds like a very similar document.
Toni Castano Jun 19, 2018:
Resultandos y considerandos Another interesting link:
https://www.proz.com/kudoz/spanish_to_english/law_contracts/...
Catherine Mactaggart (asker) Jun 19, 2018:
But 'considering that' might also work. Thanks
Catherine Mactaggart (asker) Jun 19, 2018:
Sorry, I was trying to summarise it, before having translated it and avoid having to copy the entire thing out. Actually, one answer offered in the other query, as below, seems to fit the context the best but it didn't seem to get much supoort, nor are they terms I've often seen used.

Resultando = findings of fact (upon which judgment is based).
Considerando = Reasoning of law, reasons or legal basis given by the court in support of its judgment.
philgoddard Jun 19, 2018:
I'm not clear what you mean by "prerequisites or related proceedings". But does "considering that" fit your context?
Catherine Mactaggart (asker) Jun 19, 2018:
https://www.proz.com/kudoz/spanish_to_english/law_contracts/...

I now see that this poster had the same problem, although from the responses I'm still not sure what the best solution is.

Proposed translations

+1
1 day 2 hrs
Selected

findings of fact/conclusions of law

Per my discussion entry.

You could also consider using "factual basis" and "legal basis", i.e., of the judgment.
Peer comment(s):

agree AllegroTrans : Whilst this is correct, I think all will depend on the number of times the words appear, since you cannot keep repeating "findings of fact"; without seeing the whole of the court order it's hard to properly asess how to best word it
4 hrs
Thanks, Chris. I believe Catherine mentioned that these are section headings, which is how I've seen them used in judgements too, i.e., as a heading for those sections, not at the start of each paragraph. Saludos!
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4 KudoZ points awarded for this answer.
5 hrs

whereas.... and considering that

keeping it simple?
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