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proveído que a la fecha se encuentra firme y consentido

English translation: which [judgment, decision] is now unappealable and accepted

12:01 Nov 18, 2016
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: proveído que a la fecha se encuentra firme y consentido
Se trata de una sentencia de divorcio. En una de sus partes dice lo siguiente:
A fojas XX, se llamó autos para dictar sentencia, proveído que a la fecha se encuentre firme y consentido.
¿Cómo puedo traducir la frase "Proveído que a la fecha"?
Muchísimas gracias
Karina Rodriguez
Argentina
Local time: 16:06
English translation:which [judgment, decision] is now unappealable and accepted
Explanation:
As Robin says, a "proveído" is a ruling or decision, usually an "interlocutory" one, i.e., on a minor procedural matter, although here, unusually, it appears to be referring to the judgment disposing of the case ("sentencia").

The use of this participle as a noun tends to throw people who haven't seen it before and they may be led to read it as a verb instead.

proveído
De proveer.
1. m. Der. Resolución judicial interlocutoria o de trámite.
http://dle.rae.es/?id=UTd78iz

As for "firme", I don't believe I've ever come across the use of "firm" in this sense in English, and I usually translate this by its meaning, which is that it can no longer be appealed.
I would translate "consentido" as "accepted" (i.e., by the parties concerned).
Selected response from:

Robert Carter
Mexico
Local time: 13:06
Grading comment
Thanks a lot
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1which [judgment, decision] is now unappealable and accepted
Robert Carter
4decision which, today, is firm
Jennifer Levey
3… the legal term having expired without the parties having appealed as of this date…
FERNANDO XIFRÉ
3provided that it is presently firm and has been stipulated to
Nikolaj Widenmann


  

Answers


11 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
decision which, today, is firm


Explanation:
"proveido" is a decision taken by the court on any matter of "mero trámite" (i.e., decisions that merely keep the process moving, without actually resolving the dispute).

A "proveido" is "firme y consentido*" once the legal deadline for all forms of appeals against it has passed.

* Chile: "firme y ejecutoriado"

To my knowledge, it is sufficient in English to say that the decision is "firm".

Jennifer Levey
Chile
Local time: 15:06
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 545
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
… the legal term having expired without the parties having appealed as of this date…


Explanation:
La redacción no es clara, pero parecería ser "que a la fecha se encuentre consentido" indica que las partes no han apelado dentro del plazo que tenían para hacerlo, por lo que han dado consentimiento tácito a la decisión judicial.

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Note added at 12 hrs (2016-11-19 00:51:30 GMT)
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Dear Robin, I don't think I omitted translating "proveído". Let's see it this way: if the parties "have not appealed", it is clear that they have not filed a remedy against the decision ("proveído"). We could add the word 'decision' to make the meaning clearer (though it is implicit in my answer): "the legal term having expired without the parties having appealed the decision as of this date".

FERNANDO XIFRÉ
Uruguay
Local time: 16:06
Specializes in field
Native speaker of: Spanish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
neutral  Jennifer Levey: Your proposed translation omits the word "proveído", which is clearly part of the question.
10 hrs
  -> Dear Robin, I don't think I omitted translating "proveído". Let's see it this way: if the parties "have not appealed", it is clear that they have not filed a remedy against the decision ("proveído"). We could add the word 'decision' to make the meaning cl
neutral  AllegroTrans: don't think this refers to whether parties have appealed, I think it is saying there is NO appeal available because they have consented to the order
1 day 3 hrs
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13 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
provided that it is presently firm and has been stipulated to


Explanation:
This is how I understand it. I take "consented" in this context as meaning "stipulated to" (i.e., "agreed to").

Nikolaj Widenmann
United States
Local time: 13:06
Specializes in field
Native speaker of: Native in DanishDanish, Native in EnglishEnglish
PRO pts in category: 143

Peer comments on this answer (and responses from the answerer)
neutral  Jennifer Levey: "proveído" is a noun (decision), not a verb (to provide that)
11 hrs
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1 day 2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
which [judgment, decision] is now unappealable and accepted


Explanation:
As Robin says, a "proveído" is a ruling or decision, usually an "interlocutory" one, i.e., on a minor procedural matter, although here, unusually, it appears to be referring to the judgment disposing of the case ("sentencia").

The use of this participle as a noun tends to throw people who haven't seen it before and they may be led to read it as a verb instead.

proveído
De proveer.
1. m. Der. Resolución judicial interlocutoria o de trámite.
http://dle.rae.es/?id=UTd78iz

As for "firme", I don't believe I've ever come across the use of "firm" in this sense in English, and I usually translate this by its meaning, which is that it can no longer be appealed.
I would translate "consentido" as "accepted" (i.e., by the parties concerned).

Robert Carter
Mexico
Local time: 13:06
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1368
Grading comment
Thanks a lot

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans
1 hr
  -> Thanks, Chris.
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